UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


PRICE,    50    CEIXTS. 

MANUAL 


FOR   THE   USE  OF 


PROSPECTORS 


MINERAL  LANDS 


OF  THE 


UNITED  STATES. 


BY  HENRY  N.  COPP 


SIXTH   EDITION. 


PUBLISHED  BY  THE  EDITOR. 

WASHINGTON,  D.  C. 

1900. 


WORTHINOTON 

MINETPUMPS 

Specialty:    Triple   Expansion   and    High    Duty 

Station  Pumps  with  guaranteed  duty  of  75,000,000 

to  125,000,000  foot  pounds  of  work  with  100  pounds 

of  coal.     Also,  Sinking    Pumps  of  large   capacity. 

Pumps,  Condensers,  and  Water  Meters  for  any  service. 


HENRY  R  WORTHINGTON 

NEW     YORK 

Boston     Philadelphia      Chicago      St.  Louis     Cleveland 
Indianapolis       Detroit      Atlanta 

Have  You  AnJ  Bugine^  in  Washington  ? 

HENRY  .$i:  CQPP, 

Attorney  and  Counsellor  at  Jjaw 

Attends  to  All  Business  and  Claims 

Before  the   Executive  Departments,  the  several 
Commissions,  Congress,  and  the  Courts. 

Thirty  years'  residence  at  the  National  Capital,  and  a  wide   and  per- 
sonal acquaintance  with  officials  and  clerks. 

FEES    MODERATE. 

Special  attention  given  to  obtaining  Patents   for   Inventors,  and   to 
Land  and  Mining  Claims  and  Contests. 


MANUAL 


FOR   THE   USE  OF 


PROSPECTORS 


MINERAL  LANDS 


UNITED  STATES. 


BY  HENRY  N.  COPP 


SIXTH   EDiTSON. 


PUBLISHED    BY   THE   EDITOR. 

WASHINGTON,  D.  C. 
1900. 


Entered  according  to  the  Act  of  Congress,  in  the  year  1900,  by 

HENRY  N.  COPP, 
In  the  Office  of  the  Librarian  of  Congress,  at  Washingron,  D.  C. 


PREFACE  TO  FIFTH  EDITION 


THE  mineralogical  portion  of  this  work  has  been  revised  and  partly 
re-written  by  Mr.  L.  R.  Grabill,  Mining  Engineer,  formerly  assayer 
for  The  Bassick  Mining  Company  of  Rosita,  Colorado,  and  for  the 
Pueblo  Sampling  Works,  of  Pueblo,  Colorado.  He  has  been  a  pros- 
pector, locator,  and  superintendent  of  mines  in  Colorado  and  New 
Mexico. 

.  The  instructions  for  the  survey  of  a  claim  are  also  added  by  him, 
-and  are  derived  from  his  practical  experience  as  a  Deputy  United 
States  Mineral  Land  Surveyor. 


TU 


CONTENTS. 


PAGE 

UNITED  STATES  LAWS  AND  INSTRUCTIONS. 

Revised  Statutes  and  Regulations — General  Law 1-27 

Water  Rights 27 

Revised  Statutes— Act  of  March  3,  1891 — Townsites    ...  29 

Easements •»....-.  30 

Homestead  and  Pre-emption  Claims    .    .    .    .    , 30 

Certain  States  Excepted ,  30 

Alaska 31 

Revised  Statutes — Coal  Lands 32 

Act  of  June  3,  1878 — Timber  Cutting     ...'•'...  37 

CT            Act  of  June  3,  1878 — Timber  and  Stone 37 

Act  of  January  12,  1877 — Salt  and  Saline  Lands 41 

Perjury 42 

Miscellaneous 43 

to            Annual  Expenditure 43 

CD 

LOCAL  LAWS. 

Arizona 61 

California 72 

Colorado 82 

Idaho 97 

Montana 103 

Nevada 108 

New  Mexico.    , I2° 

^2            Oregon. 127 

South  Dakota *33 

Utah 138 

X<           Washington 142 

Wyoming.    .    . IS1 

Canada  and  Northwest  Territory 169 

-1  FORMS. 

1.  Notice  of  Location 45 

2.  Proof  of  Labor 45 

3.  Notice  of  Forfeiture 46 

4.  Affidavit  of  Failure  to  Contribute 46 

5.  Miner's  Lien 46 

6.  Application  for  Survey 47 

(iii) 


241423 


CONTENTS. 


7.  Application  for  Patent 47 

8.  Proof  of  Posting  Notice  and  Diagram 48 

9.  Proof  that  Plat  and  Notice  remained  Posted  during  Period 

of  Publication 49 

10.  Register's  Certificate  of  Posting  for  60  Days 49 

11.  Notice  for  Publication  in  Newspaper 50 

12.  Agreement  of  Publisher 50 

13.  Proof  of  Publication 50 

14.  Affidavit  of  $500  Improvement 51 

15.  Statement  of  Fees  and  Charges 51 

1 6.  Proof  of  Ownership  and  Possession  where  Records  are 

Lost 51 

17.  Affidavit  of  Citizenship. 52 

1 8.  Certificate  that  no  Suit  is  Pending 52 

19.  Power  of  Attorney  to  Apply  for  Patent 52 

20.  Proof  of  No  Known  Vein  in  Placer  Claims 53 

21.  Protest  and  Adverse  Claim 53 

22.  Tunnel  Claim — Location  Certificate 56 

23.  Power  of  Attorney  to  Locate  and  Sell 56 

24.  Notice  of  Right  to  Water 56 

25.  Pre-emption  of  Ditch  Right  of  Way,  Location  of  Water 

Claim , 57 

26.  Mining  Deed 57 

27.  Title  Bond  to  Mining  Property 58 

28.  Escrow  Agreement    .        59 

29.  Mining  Lease 59 

DETERMINATION  OF  MINERALS. 

Chemical  Elements 173 

Description  of  Minerals 1 80 

Gold 181 

Silver    *.    . 183 

Copper 184 

Lead 185 

Iron 185 

Zinc 187 

Platinum 187 

Mercury 188 

Nickel 188 

Cobalt 189 

Tin '...'.; 189 

Antimony 189 

Manganese 190 

Gems 190 

Paints 193 

Tables  of  Geological  Formations 195-197 

Mineral  Deposits 198 

Suggestions  to  Prospectors — Prof.  Clayton's  Advice    ...  199 

Map  of  Location 202 

Prospector's  Outfit :;..    ........  177 


UNITED  STATES 

MINING   LAWS 

AND 

REGULATIONS  THEREUNDER. 


Reserved  from  Sale  under  the  Pre-emption  and  Homestead  Laws. 

UNITED  STATES  LAW. — SEC.  2318.  In  all  cases  lands  valuable  for 
minerals  shall  be  reserved  from  sale,  except  as  otherwise  expressly 
directed  by  law. 

License  to  Explore,  Occupy,  and  Purchase. 

SEC.  2319.  All  valuable  mineral  deposits  in  lands  belonging  to  the 
United  States,  both  surveyed  and  unsurveyed,  are  hereby  declared  to  be 
free  and  open  to  exploration  and  purchase,  and  the  lands  in  which  they 
are  found  to  occupation  and  purchase,  by  citizens  of  the  United  States 
and  those  who  have  declared  their  intention  to  become  such,  under 
regulations  prescribed  by  law,  and  according  to  the  local  customs  or 
rules  of  miners  in  the  several  mining  districts,  so  far  as  the  same  are 
applicable  and  not  inconsistent  with  the  laws  of  the  United  States. 

Lode  Claims. 

SEC.  2320.  Mining  claims  upon  veins  or  lodes  of  quartz  or  other  rock 
in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other  val- 
uable deposits  heretofore  located,  shall  be  governed  as  to  length  along 
the  vein  or  lode  by  the  customs,  regulations,  and  laws  in  force  at  the 
date  of  their  location.  A  mining  claim  located  after  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  whether  located  by  one  or 
more  persons,  may  equal,  but  shall  not  exceed,  one  thousand  five  hun- 
dred feet  in  length  along  the  vein  or  lode;  but  no  location  of  a  mining 
claim  shall  be  made  until  the  discovery  of  the  vein  or  lode  within  the 
limits  of  the  claim  located.  No  claim  shall  extend  more  than  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  nor 
shall  any  claim  be  limited  by  any  mining  regulation  to  less  than  twenty- 
five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except 


2  UNITED  STATES  MINING  LAWS  • 

where  adverse  rights  existing  on  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  render  such  limitation  necessary.  The  end  lines 
of  each  claim  shall  be  parallel  to  each  other. 

SEC.  2322.  The  locators  of  all  mining  locations  heretofore  made  or 
which  shall  hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge, 
situated  on  the  public  domain,  their  heirs  and  assigns,  where  no  adverse 
claim  exists  on  the  tenth  day  of  May,  eighteen  hundred  and  seventy- 
two,  so  long  as  they  comply  with  the  laws  of  the  United  States,  and 
with  state,  territorial,  and  local  regulations  not  in  conflict  with  the  laws 
of  the  United  States  governing  their  possessory  title,  shall  have  the  ex- 
clusive right  of  possession  and  enjoyment  of  all  the  surface  included 
within  the  lines  of  their  locations,  and  of  all  veins,  lodes,  and  ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside  of 
such  surface  lines  extended  downward  vertically,  although  such  veins, 
lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in  their  course 
downward  as  to  extend  outside  the  vertical  side  lines  of  such  surface 
locations.  But  their  right  of  possession  to  such  outside  parts  of  such 
veins  or  ledges  shall  be  confined  to  such  portions  thereof  as  lie  between 
vertical  planes  drawn  downward  as  above  described,  through  the  end 
lines  of  their  locations,  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  such  veins  or  ledges.  And 
nothing  in  this  section  shall  authorize  the  locator  or  possession  of  a  vein 
or  lode  which  extends  in  its  downward  course  beyond  the  vertical  lines 
of  his  claim  to  enter  upon  the  surface  of  a  claim  owned  or  possessed  by 
another. 

Status  of  Lode-Claims  Located  Prior  to  May  10,  1872. 

LAND  OFFICE  REGULATIONS. — 2.  By  an  examination  of  the  several  sections  of  the. 
Revised  Statutes,  it  will  be  seen  that  the  status  of  lode-claims  located  previous  to  the 
loth  of  May,  1872,  is  not  changed  with  regard  to  their  extent  along  the  lode  or  width 
of  surface. 

3.  Mining  rights  acquired  under  such  previous  locations  are,  however,  enlarged  by 
said  Revised  Statutes  in  the  following  respect,  viz.:  The  locators  of  all  such  previously 
taken  veins  or  lodes,  their  heirs  and  assigns,  so  long  as  they  comply  with  the  laws  of 
Congress  and  with  State,  Territorial,  or  local  regulations  not  in  conflict  therewith, 
governing  mining  claims,  are  invested  with  the  exclusive  possessoiy  right  of  all  the 
surface  included  within  the  lines  of  their  locations,  and  of  all  veins,  lodes,  or  ledges 
throughout  their  entire  .depth,  the  top  or  apex  of  which  lies  inside  of  such  surface-lines 
extended  downward  vertically,  although  such  veins,  lodes  or  ledges  may  so  far  depart 
from  a  perpendicular  in  their  course  downward  as  to  extend  outside  the  vertical  side- 
lines of  such  locations  at  the  surface  ;  it  being  expressly  provided,  however,  that  the 
right  of  possession  to  such  outside  parts  of  said  veins  or  ledges  shall  be  confined  to 
such  portions  thereof  as  lie  between  vertical  planes  drawn  downward  as  aforesaid, 
though  the  end-lines  of  their  locations  so  continued  in  their  own  direction  that  such 
plans  will  intersect  such  exterior  parts  of  such  veins  iodes,  or  ledges ;  no  right  being 
granted,  however,  to  the  claimant  of  such  outside  portion  of  a  vein  or  ledge  to  enter 
upon  the  surface  location  of  another  claimant. 

4-  It  is  to  be  distinctly  understood,  however,  that  the  law  limits  the  possessory  right 
to  veins,  lodes,  or  ledges,  other  than  the  one  named  in  the  original  location,  to  such 
as  were  not  adversely  claimed  on  May  10,  1872,  and  that  where  such  other  vein  or 


AND  REGULATIONS  THEREUNDER.  3 

ledge  was  so  adversely  claimed  at  that  date,  the  right  of  the  party  so  adversely  claim- 
ing is  in  no  way  impaired  by  the  provisions  of  the  Revised  Statutes. 

5.  In  order  to  hold  the  possessory  title  to  a  mining  claim  located  prior  to  May  10, 
1872,  and  for  which  a  patent  has  not  been  issued,  the  law  requires  that  ten  dollars 
shall  be  expended  annually  in  labor  or  improvements  on  each  claim  of  one  hundred 
feet  on  the  course  of  the  vein  or  lode  until  a  patent  shall  have  been  issued  therefor ; 
but  where  a  number  of  such  claims  are  held  in  common  upon  the  same  vein  or  lode, 
the  aggregate  expenditure  that  would  be  necessary  to  hold  all  the  claims,  at  the  rate 
of  ten  dollars  per  hundred  feet,  may  be  made  upon  any  one  claim ;  a  failure  to  comply 
with  this  requirement  in  any  one  year  subjecting  the  claim  upon  which  such  failure 
occurred  to  relocation  by  other  parties,  the  same  as  if  no  previous  location  thereof  had 
ever  been  made,  unless  the  claimants  under  the  original  location  shall  have  resumed 
work  thereon  after  such  failure  and  before  such  relocation.     The  first  annual  expen- 
diture upon  claims  of  this  class  should  have  been  performed  subsequent  to  May  10, 
1872,  and  prior  to  January   I,  1875.     From  and  after  January  I,  1875,  tne  required 
amount  must  be  expended  annually  until  patent  issues.     By  decision  of  the  honorable 
Secretary  of  the  Interior,  dated  March  4,  1879,  such  annual  expenditures  are  not  re 
quired  subsequent  to  entry,  the  date  of  issuing  the  patent  certificate  being  the  date 
contemplated  by  statute. 

6.  Upon  the  failure  of  any  one  of  several  co-owners  of  a  vein,  lode,  or  ledge,  which 
has  not  been  entered,  to  contribute  his  proportion  of  the  expenditures  necessary  to 
hold  the  claim  or  claims  so  held  in  ownership  in  common,  the  co-owners,  who  have 
performed  the  labor  or  made  the  improvements  as  required  by  said  Revised  Statutes, 
may,  at  the  expiration  of  the  year,  give  such  delinquent  co-owner  personal  notice  in 
writing,  or  notice  by  publication  in  the  newspaper  published  nearest  the  claim  for  at 
least  once  a  week  for  ninety  days ;  and  if  upon  the  expiration  of  ninety  days  after 
such  notice  in  writing,  or  upon  the  expiration  of  one  hundred  and  eighty  days  after 
the  first  newspaper  publication  of  notice,  the  delinquent  co-owner  shall  have  failed 
to  contribute  his  proportion  to  meet  such  expenditures  or  improvements,  his  interest 
in  the  claim  by  law  passes  to  his  co  owners  who  have  made  the  expenditures  or  im- 
provements as  aforesaid.     Where  a  claimant  alleges  ownership  of  a  forfeited  interest 
under  the  forgoing  provision,  the  sworn  statement  of  the  publisher  as  to  the  facts  of 
publication,  giving  dates  and  a  printed  copy  of  the  notice  published,  should  be  fur- 
nished, and  the  claimant  must  swear  that  the  delinquent  co-owner  failed  to  contribute 
his  proper  proportion  within  the  period  fixed  by  the  statute. 

Patents  for  Veins  or  Lodes  Heretofore  Issued. 

UNITED  STATES  LAW. — SEC.  2328.  Applications  for  patents  for 
mining  claims  under  former  laws  now  pending  may  be  prosecuted  to  a 
final  decision  in  the  General  Land  Office ;  but  in  such  cases  where 
adverse  rights  are  not  affected  thereby,  patents  may  issue  in  pursuance 
of  the  provisions  of  this  chapter  ;  and  all  patents  for  mining-claims 
upon  veins  or  lodes  heretofore  issued  shall  convey  all  the  rights  and 
privileges  conferred  by  this  chapter  where  no  adverse  rights  existed  on 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two. 

LAND  OFFICE  REGULATIONS. —  7.  Rights  under  patents  for  veins  or  lodes  heretofore 
granted  under  previous  legislation  of  Congress  are  enlarged  by  the  Revised  Statutes  so 
as  to  invest  the  patentee,  his  heirs  or  assigns,  with  title  to  all  veins,  lodes,  or  ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  within  the  end  and  side 


4  UNITED  STATES  MINING  LAWS 

boundary  lines  of  his  claim  on  the  surface,  as  patented,  extended  downward  vertically, 
although  such  veins,  lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in  their 
course  downward  as  to  extend  outside  the  vertical  side-lines  of  the  claim  at  the  sur- 
face. The  right  of  possession  to  such  outside  parts  of  such  veins  or  ledges  to  be  con- 
fined to  such  portions  thereof  as  lie  between  vertical  planes  drawn  downward  through 
the  end  lines  of  the  claims  at  the  surface,  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  such  veins  or  ledges ;  it  being  expressly 
provided,  however,  that  all  veins,  lodes,  or  ledges,  the  top  or  apex  of  which  lies  inside 
such  surface  locations,  other  than  the  one  named  in  the  patent,  which  were  adversely 
claimed  on  the  \Qth  May,  1872,  are  excluded  from  such  conveyance  by  patent. 

District  Rules,  Locations,  and  Annual  Expenditures. 

UNITED  STATES  LAW. — SEC.  2324.  The  miners  of  each  mining  dis- 
trict may  make  regulations  not  in  conflict  with  the  laws  of  the  United 
States,  or  with  the  laws  of  the  state  or  territory  in  which  the  district  is 
situated,  governing  the  location,  manner  of  recording,  amount  of  work 
necessary  to  hold  possession  of  a  mining  claim,  subject  to  the  following 
requirements :  The  location  must  be  distinctly  marked  on  the  ground, 
so  that  its  boundaries  can  be  readily  traced.  All  records  of  mining 
claims  hereafter  made  shall  contain  the  name  or  names  of  the  locators, 
the  date  of  the  location,  and  such  a  description  of  the  claim  or  claims 
located  by  reference  to  some  natural  object  or  permanent  monument  as 
will  identify  the  claim.  On  each  claim  located  after  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  and  until  a  patent  has  been 
issued  therefor,  not  less  than  one  hundred  dollars'  worth  of  labor  shall 
be  performed  or  improvements  made  during  each  year.  On  all 
claims  located  prior  to  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  ten  dollars  worth  of  labor  shall  be  performed  or  improve- 
ments made  by  the  tenth  day  of  June,  eighteen  hundred  and  seventy- 
four,  and  each  year  thereafter,  for  each  one  hundred  feet  in  length 
along  the  vein,  until  a  patent  has  been  issued  therefor;  but  where  such 
claims  are  held  in  common,  such  expenditure  may  be  made  upon  any 
one  claim ;  and  upon  a  failure  to  comply  with  these  conditions,  the 
claim  or  mine  upon  which  such  failure  occurred  shall  be  opened  to  re- 
location in  the  same  manner  as  if  no  location  of  the  same  had  ever 
been  made  :  Provided,  That  the  original  locators,  their  heirs,  assigns, 
or  legal  representatives,  have  not  resumed  work  upon  the  claim  after 
failure  and  before  such  location.  Upon  the  failure  of  any  one  of  several 
co-owners  to  contribute  his  proportion  of  the  expenditures  required 
hereby,  the  co-owners  who  have  performed  the  labor  or  made  the 
improvements  may,  at  the  expiration  of  the  year,  give  such  delinquent 
co-owner  personal  notice  in  writing  or  notice  by  publication  in  the 
newspaper  published  nearest  the  claim,  for  at  least  once  a  week  for 
ninety  days,  and  if  at  the  expiration  of  ninety  days  after  such  notice 
in  writing  or  by  publication  such  delinquent  should  fail  or  refuse  to 
contribute  his  proportion  of  the  expenditure  required  by  this  section, 
his  interest  in  the  claim  shall  become  the  property  of  his  co-owners, 
who  have  made  the  expenditures.  [See  paragraph  6,  p.  3.] 

How  to  Locate  Claims  on  Veins  or  Lodes. 
LAND  OFFICE  REGULATIONS.— 9.  From  and  after  the  loth  May,  1872,  any  per. 


AND  REGULATIONS  THEREUNDER.  5 

ion  who  is  a  citizen  of  the  United  States,  or  who  has  declared  his  intention  to  become 
a  citizen,  may  locate,  record,  and  hold  a  mining  claim  of  fifteen  hundred  linear  feet 
along  the  course  of  any  mineral  vein  or  lode  subject  to  location  ;  or  an  association  of 
persons,  severally  qualified  as  above,  may  make  joint  location  of  such  claim  of  fifteen 
hundred  feet,  but  in  no  event  can  a  location  of  a  vein  or  lode  made  subsequent  to 
May  10,  1872,  exceed  fifteen  hundred  feet  along  the  course  thereof,  whatever  may  be 
the  number  of  persons  composing  the  association. 

10.  With  regard  to  the  extent  of  the  surface-ground  adjoining  a  vein  or  lode,  and 
claimed  for  the  convenient  working  thereof,  the   Revised  Statutes  provide  that  the 
lateral  extent  of  the  locations  of  veins  or  lodes  made  after  May  10,  1872,  shall  in  no 
case  exceed  three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
and  that  no  such  surface  rights  shall  be  limited  by  any  mining  regulations  to  less  than 
twenty-five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except  where 
adverse  rights  existing  on  the  loth  May,  1872,  may  render  such  limitation  necessary  ; 
the  end-lines  of  such  claims  to  be  in  all    cases  parallel  to  each  other.     Said  lateral 
measurements  cannot  extend  beyond  three  hundred  feet  on  either  side  of  the  middle 
of    the   vein  at  the  surface,  or   such  distance   as   is  allowed    by  local  laws.      For 
example  :  400  feet  cannot  be  taken  on  one  side  and  200  feet  on  the  other.     If,  how- 
ever, 300  feet  on  each  side  are  allowed,  and   by  reason  of  prior  claims  but   100  feef 
can  be  taken  on  one  side,  the  locator  will  not  be  restricted  to  less  than  300  feet  on  the 
other  side ;  and  when  the  locator  does  not  determine  by  exploration  where  the  middle 
of  the  vein  at  the  surface  is,  his  discovery  shaft  must  be  assumed  to  mark  such  point. 

11.  By  the  foregoing  it  will  be  perceived  that  no  lode-claim  located  after  the  loth 
May,  1872,  can  exceed  a  parellelogram   fifteen  hundred  feet  in  length  by  six  hun- 
dred feet  in  width,,  but  whether  surface-ground  of  that  width  can  be  taken  depends 
upon  the  local  regulations  or  State  or  Territorial  laws  in  force  in  the  several  mining- 
districts  ;  and  that  no  such  local  regulations  or  State  or  Territorial  laws  shall  limit  a 
vein  or  lode  claim  to  less  than  fifteen  hundred  feet  along  the  course  thereof,  whether 
the  location  is  made  by  one  or  more  persons,  nor  can  surface  rights  be  limited  to  less 
than  fifty  feet  in  width,  unless  adverse  claims  existing  on  the  loth  day  of  May,  1872, 
render  such  lateral  limitation  necessary. 

12.  It  is  provided  by  the  Revised   Statutes  that  the  miners  of  each  district  may 
make  rules  and  regulations  not  in  conflict  with  the  laws  of  the  United  States,  or  of  the 
State  or  Territory  in  which  such  districts  are  respectively  situated,  governing  the  loca- 
tion, manner  of  recording,  and  amount  of  work  necessary  to  hold  possession  of  a  claim. 
They  likewise  require  that  the  location  shall  be  so  distinctly  marked  on  the  ground 
that  its  boundaries  may  be  readily  traced.     This  is  a  very  important  matter,  and  loca- 
tors cannot  exercise  too  much  care  in  defining  their  locations  at  the  outset,  inasmuch 
as  the  law  requires  that  all  records  of  mining  locations  made  subsequent  to  May  10, 
1872,  shall  contain  the  name  or  names  of  the  locators,  the  date  of  the  location,  and 
such  a  description  of  the  claim  or  claims  located,  by  reference  to  some  natural  object 
or  permanent  monument,  as  will  identify  the  claim. 

13.  The  statutes  provide  that  no  lode-claim  shall  be  recorded  until  after  the  dis- 
covery of  a  vein  or  lode  within  the  limits  of  the  claim  located,  the  object  of  which 
provision  is  evidently  to  prevent  the  appropriation  of  presumed  mineral  ground  for 
speculative  purposes  to  the  exclusion  of  bona  fide  prospectors,  before  sufficient  work 
has  been  done  to  determine  whether  a  vein  or  lode  really  exists. 

14.  The  claimant  should,  therefore,  prior  to  locating  his  claim,  unless  the  vein  can 
be  traced  upon  the  surface,  sink  a  shaft,  or  run  a  tunnel  or  drift,  to  a  sufficient  depth 


6  UNITED  STATES  MINING  LAWS 

therein  to  discover  and  develop  a  mineral-bearing  vein,  lode,  or  crevice ;  should  de- 
termine, if  possible,  the  general  course  of  such  vein  in  either  direction  from  the  point 
of  discovery,  by  which  direction  he  will  be  governed  in  marking  the  boundaries  of 
his  claim  on  the  surface.  His  location  notice  should  give  the  course  and  distance  as 
nearly  as  practicable  from  the  discovery-shaft  on  the  claim,  to  some  permanent,  well- 
known  points  or  objects,  such,  for  instance,  as  stone  monuments,  blazed  trees,  the 
confluence  of  streams,  points  of  intersection  of  well-known  gulches,  ravines,  or  roads, 
prominent  buttes,  hills,  etc.,  which  may  be  in  the  immediate  vicinity,  and  which  will 
serve  to  perpetuate  and  fix  the  lecus  of  the  claim  and  render  it  susceptible  of  identifi- 
cation from  the  description  thereof  given  in  the  record  of  locations  in  the  district,  and 
should  be  duly  recorded. 

15.  In  addition  to  the  foregoing  data,  the  claimant  should  state  the  names  of  adjoin- 
ing claims,  or,  if  none  adjoin,  the  relative  positions  of  the  nearest  claims ;  should  drive 
a  post  or  erect  a  monument  of  stones  at  each  corner  of  his  surface-ground,  and  at  the 
point  of  discovery  or  discovery  shaft  should  fix  a  post,  stake,  or  board,  upon  which 
should  be  designated  the  name  of  the  lode,  the  name  or  names  of  the  locators,  the  num- 
ber of  feet  claimed,  and  in  which  direction  from  the  point  of  discovery ;  it  being  essen- 
tial that  the  location  notice  filed  for  record,  in  addition  to  the  foregoing  description, 
should  state  whether  the  entire  claim  of  fifteen  hundred  feet  is  taken  on  one  side  of  the 
point  of  discovery,  or  whether  it  is  partly  upon  one  and    partly  upon  the  other  side 
thereof,  and  in  the  latter  case,  how  many  feet  are  claimed  upon  each  side  of  such 
discovery-point. 

16.  Within  a  reasonable  time,  say  twenty  days  after  the  location  shall  have  been 
marked  on  the  ground,  or  such  time  as  is  allowed  by  the  local  laws,  notice  thereof,  ac- 
accurately  describing  the  claim  in  manner  aforesaid,  should  be  filed  for  record  with  the 
proper  recorder  of  the  district,  who  will  thereupon  issue  the  usual  certificate  of  location. 

17.  In  order  to  hold  the  possessory  right  to  a  location  made  since  May  10,  1872, 
not  less  than  one  hundred  dollars'  worth  of  labor  must  be  performed,  or  improvements 
made  thereon  annually  until  entry  shall  have  been  made.     Under  the  provisions  of  the 
act  of  Congress  approved  January  22,  1880,  the  first  annual  expenditure  becomes  due 
and  must  be  performed  during  the  calendar  year  succeeding  that  in  which  the  loca- 
tion was  made.     Expenditure  made  or  labor  performed  prior   to  the  first  day  of 
January  succeeding  the  date  of  location  will  not  be  considered  as  a  part  of,  or  applied 
upon  the  first  annual  expenditure  required  by  law.     Failure  to  make  the  expenditure 
or  perform  the  labor  required   will  subject  the  claim  to  relocation  by  any  other  party 
having  the  necessary  qualifications,  unless  the  original  locator,  his  heirs,  assigns,  or 
legal  representatives,  have  resumed  work  thereon  after  such  failure  and  before  such 
relocation. 

18.  The  expenditures  required  upon  mining  claims  may  be  made  from  the  surface 
or  in  running  a  tunnel  for  the  development  of  such  claims,  the  act  of  February  1 1,  1875, 
providing  that  where  a  person  or  company  has,  or  may,  run  a  tunnel  for  the  purpose  of 
developing  a  lode  or  lodes  owned  by  said  person  or  company,  the  money  so  expended 
in  said  tunnel  shall  be  taken  and  considered  as  expended  on  said  lode  or  lodes,  and 
such  person  or  company  shall  not  be  required  to  perform  work  on  the  surface  of  said 
lode  or  lodes  in  order  to  hold  the  same. 

19.  The  importance  of  attending  to  these  details  in  the  matter  of  location,  labor, 
and  expenditure  will  be  the  more  readily  perceived  when  it  is  understood  that  a  fail- 
ure to  give  the  subject  proper  attention  may  invalidate  the  claim. 


AND  REGULATIONS  THEREUNDER.  7 

Cross  Lodes. 

UNITED  STATES  LAW. — SEC.  2336.  Where  two  or  more  veins  inter- 
sect or  cross  each  other,  priority  of  title  shall  govern,  and  such  prior 
location  shall  be  entitled  to  all  ore  or  mineral  contained  within  the 
space  of  intersection ;  but  the  subsequent  location  shall  have  the  right 
of  way  through  the  space  of  intersection  for  the  purposes  of  the  con- 
venient working  of  the  mine.  And  where  two  or  more  veins  unite,  the 
oldest  or  prior  location  shall  take  the  vein  below  the  point  of  union, 
including  all  the  space  of  intersection. 

How  to  Apply  for  a  Patent. 

UNITED  STATES  LAW. — SEC.  2335.  A  patent  for  any  land  claimed 
and  located  for  valuable  deposits  may  be  obtained  in  the  following 
manner :  Any  person,  association,  or  corporation  authorized  to  locate 
a  claim  under  this  chapter,  having  claimed  and  located  a  piece  of  land 
for  such  purposes,  who  has,  or  have,  complied  with  the  terms  of  this 
chapter,  may  file  in  the  proper  land-office  an  application  for  a  patent, 
under  oath,  showing  such  compliance,  together  with  a  plat  and  field- 
notes  of  the  claim  or  claims  in  common,  made  by  or  under  the  direc- 
tion of  the  United  States  Surveyor- General,  showing  accurately  the 
boundaries  of  the  claim  or  claims,  which  shall  be  distinctly  marked  by 
monuments  on  the  ground,  and  shall  post  a  copy  of  such  plat,  together 
with  a  notice  of  such  application  for  a  patent,  in  a  conspicuous  place 
on  the  land  embraced  in  such  plat  previous  to  the  filing  of  the  applica- 
tion for  a  patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that 
such  notice  has  been  duly  posted,  and  shall  file  a  copy  of  the  notice  in 
such  land-office,  and  shall  thereupon  be  entitled  to  a  patent  for  the 
land,  in  the  manner  following:  The  register  of  the  land-office,  upon 
the  filing  of  such  application,  plat,  field-notes,  notices,  and  affidavits, 
shall  publish  a  notice  that  such  application  has  been  made,  for  the 
period  of  sixty  days,  in  a  newspaper  to  be  by  him  designated  as  pub- 
lished nearest  to  such  claim ;  and  he  shall  also  post  such  notice  in  his 
office  for  the  same  period.  The  claimant  at  the  time  of  filing  this  ap- 
plication, or  at  any  time  thereafter,  within  the  sixty  days  of  publication, 
shall  file  with  the  register  a  certificate  of  the  United  States  surveyor- 
general  that  five  hundred  dollars'  worth  of  labor  has  been  expended  or 
improvements  made  upon  the  claim  by  himself  or  grantors ;  that  the 
plat  is  correct,  with  such  further  description  by  such  reference  to 
natural  objects  or  permanent  monuments  as  shall  identify  the  claim, 
and  furnish  an  accurate  description,  to  be  incorporated  in  the  patent. 
At  the  expiration  of  the  sixty  days  of  publication  the  claimant  shall  file 
his  affidavit,  showing  that  the  plat  and  notice  have  been  posted  in  a 
conspicuous  place  on  the  claim  during  such  period  of  publication.  If 
no  adverse  claim  shall  have  been  filed  with  the  register  and  the  re- 
ceiver of  the  proper  land-office  at  the  expiration  of  the  sixty  days  of 
publication,  it  shall  be  assumed  that  the  applicant  is  entitled  to  a 
patent,  upon  the  payment  to  the  proper  officer  of  five  dollars  per  acre, 
and  that  no  adverse  claim  exists ;  and  thereafter  no  objection  from 
third  parties  to  the  issuance  of  a  patent  shall  be  heard,  except  it  be 
shown  that  the  applicant  has  failed  to  comply  with  the  terms  of  this 
chapter. 


g  UNITED  STATES  MINING  LAWS 

LAND  OFFICE  REGULATIONS.— 27.  By  section  2325  authority  is  given  for  granting 
titles  for  mines  by  patent  from  the  government  to  any  person,  association,  or  corpora- 
tion having  the  necessary  qualifications  as  to  citizenship  holding  the  right  of  possession 
to  a  claim  in  compliance  with  law. 

28.  The  claimant  is  required  in  the  first  place  to  have  a  correct  survey  o!  his  claim 
made  under  authority  of  the  surveyor- general  of  the  State  or  Territory  in  which  the 
claim  lies;  such  survey  to  show  with  accuracy  the  exterior  surface  boundaries  of  the 
claim,  which  boundaries  are  required  to  be  distinctly  marked  by  monuments  on  the 
ground.     Four  plats  and  one  copy  of  the  original  field  notes,  in  each  case,  will  be 
prepared  by  the  surveyor-general ;  one  plat  and  the  original   field   nc.tes,  to  be  re- 
tained in  the  office  of  the  surveyor-general;  one  copy  of  the   plat  to  be  given  the 
claimant  for  posting  upon  the  claim,  one  plat  and   a  copy  of  the  field  notes  to  be 
given  the  claimant  for  filing  with  the  proper  register,  to  be  finally  transmitted  by  that 
officer,  with  other  papers  in  the  case,  to  this  office,  and  one  plat  to  be  sent  by  the 
surveyor-general  to  the  register  of  the  proper  land  district  to  be  retained  on  his  files 
for  future  reference.     As  there  is  no.resident  surveyor-general  for  the  State  of  Arkan- 
sas, applications  for  the  survey  of  mineral  claims  in  said  State  should  be  made  to  the 
Commissioner  of  this  office,  who,  under  the  law,  is  ex  officio  the  U.  S.  surveyor-general. 

29.  The  claimant  is  then  required  to  post  a  copy  of  the  plat  of  such  survey  in  a  con- 
spicuous place  upon  the  claim,  together  with  notice  of  his  intention  to  apply  for  a 
patent  therefor,  which  notice  will  give  the  date  of  posting,  the  name  of  the  claimant, 
the  name  of  the  claim,  mine,  or  lode;  the  mining  district  and  county;  whether  the 
location  is  of  record,  and,  if  so,  where  the  record  may  be  found ;  the  number  of  feet 
claimed   along  the  vein,  and  the  presumed  direction  thereof;  the    number  of  feet 
claimed  on  the  lode  in  each  direction  from  the  point  of  discovery,  or  other  well-defined 
place  on  the  claim  ;  the  name  or  names  of  adjoining  claimants  on  the  same  or  other 
lodes ;  or,  if  none  adjoin,  the  names  of  the  nearest  claims,  etc. 

30.  After  posting  the  said  plat  and  notice  upon  the  premises,  the  claimant  will  file 
with  the  proper  register  and  receiver  a  copy  of  such  plat,  and  the  field  notes  of  survey 
of  the  claim,  accompanied  by  the  affidavit  of  at  least  two  credible  witnesses,  that 
such  plat  and  notice  are  posted  conspicuously  upon  the  claim,  giving  the  date  and 
place  of  such  posting ;  a  copy  of  the  notice  so  posted  to  be  attached  to,  and  form  a 
part  of,  said  affidavit. 

31.  Accompanying  the  field   notes  so  filed  must  be  the  sworn  statement  of  the 
claimant,  that  he  has  the  possessory  right  to  the  premises  therein  described,  in  virtue 
of  a  compliance  by  himself  (and  by  his  grantors,  if  he  claims  by  purchase)  with  the 
mining  rules,  regulations,  and   customs  of  the  mining  district,  State  or  Territory  in 
which  the  claim  lies,  and  with  the  mining  laws  of  Congress;  such  sworn  statement  to 
narrate  briefly,  but  as  clearly  as  possible,  the  facts  constituting  such  compliance,  the 
origin  of  his  possession,  and  the  basis  of  his  claim  to  a  patent. 

32.  This  affidavit  should  be  supported  by  appropriate  evidence  from  the  mining 
recorder's  office  as  to  his  possessory  right,  as  follows,  viz.:  Where  he  claims  to  be  the 
locator,  or  a  locator  in  company  with  others  who  have  since  conveyed  their  interest 
in  the  location  to  him,  a  full,  true,  and  correct  copy  of  such  location  should  be  fur- 
nished, as  the  same  appears  upon  the  mining  records;  such  copy  to  be  attested  by  the 
seal  of  the  recorder,  or  if  he  has  no  seal,  then  he  should  make  oath  to  the  same  being 
correct,  as  shown  by  his  records.    Where  the  applicant  claims  only  as  a  purchaser  for 
valuable  consideration,  a  copy  of  the  location  record  must  be  filed  under  seal  or  upon 
oath  as  aforesaid,  with  an  abstract  of  title  from  the  proper  recorder,  under  seal  or  oath 


AND  REGULATIONS  THEREUNDER.  9 

as  aforesaid,  brought  down  as  near  as  practicable  to  date  of  filing  the  application, 
tracing  the  right  of  possession  by  a  continuous  chain  of  conveyances  from  the  original 
locators  to  the  applicant,  also  certifying  that  no  conveyances  affecting  the  title  to  the 
claim  in  question  appear  of  record  in  his  office  other  than  those  set  forth  in  the  ac- 
companying abstract. 

33.  In  the  event  of  the  mining  records  in  any  case  having  been  destroyed  by  firC 
or  otherwise  lost,  affidavit  of  the  fact  should  be  made,  and  secondary  evidence  of 
possessory  title  will  be  received,  which  may  consist  of  the  affidavit  of  the  claimant, 
supported  by  those  of  any  other  parties  cognizant  of  the  facts  relative  to  his  location, 
occupancy,  possession,   improvements,   etc.;  and   in  such  case  of  lost  records,  any 
deeds,  certificates  of  location  or  purchase,  or  other  evidence  which  may  be  in  the 
claimant's  possession  and  tend  to  establish  his  claim,  should  be  filed. 

34.  Upon  the  receipt  of  these  papers  the  register  will,  at  the  expense  of  the  claim- 
ant (who  must  furnish  the  agreement  of  the  publisher  to  hold  applicant  for  patent 
alone  responsible  for  charges  of  publication),  publish  a  notice  of  such  application  for 
the  period  of  sixty  days  in  a  newspaper  published  nearest  to  the  claim,  and  will  post  a 
copy  of  such  notice  in  his  office  for  the  same  period.     When  a  notice  is  published  in 
a  -weekly  newspaper  ten  consecutive  insertions  are  necessary ;  when  in  a  daily  news- 
paper the  notice  must  appear  in  each  issue  for  sixty  one  consecutive  issues,  the  first 
day  of  issue  being  excluded  in  estimating  the  period  of  sixty  days. 

35.  The  notices  so  published  and  posted  must  be  as  full  and  complete  as  possible, 
and  embrace  all  the  data  given  in  the  notice  posted  upon  the  claim. 

36.  Too  much  care  cannot  be  exercised  in  the  preparation  of  these  notices,  inas- 
much as  upon  their  accuracy  and  completeness  will  depend,  in  a  great  measure,  the 
regularity  and  validity  of  the  whole  proceeding. 

37.  In  the  publication  of  final  proof  notices  the  register  has  no  discretion  under  the 
law  to  designate  any  other  than  the  newspaper  "  nearest  the  land  "  for  such  purpose, 
when  such  paper  is  a  newspaper  of  general  circulation.     But  he  will  in  all  cases  des- 
ignate the  newspaper  of  general  circulation  that  is  published  nearest  the  land,  geo- 
graphically measured.     When  two  or  more  such  newspapers  are  published  in  the  same 
town,  nearest  the  land,  he  may  select  the  one  which,  in  his  honest  and  impartial 
judgment  as  a  public  officer,  will  best  subserve  the  purpose  of  the  law  and  the  general 
interests  of  the  public. 

38.  Newspaper  charges  must  not  exceed  the  rates  established  by  this  office  for  the 
publication  of  legal  notices. 

39.  The  claimant,  either  at  the  time  of  filing  these  papers  with  the  register  or  at 
any  time  during  the  sixty  days'  publication,  is  required  to  file  a  certificate  of  the  sur- 
veyor-general that  not  less  than  five  hundred  dollars'  worth  of  labor  has  been'expen- 
ded  or  improvements  made  upon  the  claim  by  the  applicant  or  his  grantors ;  that  the 
plat  filed  by  the  claimant  is  correct;  that  the  field-notes  of  the  survey,  as  filed,  fur- 
nish such  an  accurate  description  of  the  claim  as  will,  if  incorporated  into  a  patent, 
serve  to  fully  identify  the  premises,  and  that  such  reference  is  made  therein  to  natural 
objects  or  permanent  monuments  as  will  perpetuate  and  fix  the  locus  thereof. 

40.  It  will  be  the  more  convenient  way  to  have  this  certificate  indorsed  by  the  sur 
veyor-general,  both  upon  the  plat  and  field-notes  of  survey  filed  by  the  claimant  a* 
aforesaid. 

41.  After  the  sixty  days'  period  of  newspaper  publication  has  expired,  the  claimant 
will  furnish  from  the  office  of  publication  a  sworn  statement  that  the  notice  was  pub- 
lished for  the  statutory  period,  giving  the  first  and  last  day  of  such  publication,  and 


I0  UNITED  STATES  MINING  LAWS 

his  own  affidavit  showing  that  the  plat  and  notice  aforesaid  remained  conspicuously 
posted  upon  the  claim  sought  to  be  patented  during  said  sixty  days'  publication,  giv- 
ing the  dates. 

42.  Upon  the  filing  of  this  affidavit  the  register  will,  if  no  adverse  claim  was  filed 
in  his  office  during  the  period  of  publication,  permit  the  claimant  to  pay  for  the  land 
according  to  the  area  given  in  the  plat  and  field  notes  of  survey  aforesaid,  at  the  rate 
of  five  dollars  for  each  acre,  and  five  dollars  for  each  fractional  part  of  an  acre,  the 
receiver  issuing  the  usual  duplicate  receipt  therefor.     The  claimant  will  also  make  a 
sworn  statement  of  all  charges  and  fees  paid  by  him  for  publication  and  surveys,  to- 
gether with  all  fees  and  money  paid  the  register  and  receiver  of  the  land  office ;  after 
which  the  whole  matter  will  be  forwarded  to  the  Commissioner  of  the  General  Land 
Office  and  a  patent  issued  thereon  if  found  regular. 

43.  In  sending  up  the  papers  in   the  case  the  register  must  not  omit  certifying  to 
the  fact  that  the  notice  was  posted  in  his  office  for  the  full  period  of  sixty  days,  such 
certificate  to  state  distinctly  when  such  posting  was  done,  and  how  long  continued. 

44.  The  consecutive  series   of  numbers  of  mineral  entries   must   be  continued, 
whether  the  same  are  of  lode  or  placer  claims  or  mill  sites. 

45.  The  surveyprs-general  should  designate  all  surveyed  mineral  claims  by  a  pro- 
gressive series  of  numbers,  beginning  with  survey  No.  37,  irrespective  as  to  whether 
they  are  situated  on  surveyed   or  unsurveyed   lands,  the  claim  to  be  so  designated  at 
date  of  issuing  the  order  therefor,  in  addition  to  the  local  designation  of  the  claim. 
It  being  required  in  all  cases  that  the  plat  and  field-notes  of  the  survey  of  a  claim 
must,  in  addition  to  the  reference  to  permanent  objects  in  the  neighborhood,  describe 
the  locus  of  the  claim,  with  reference  to  the  lines  of  public  surveys,  by  a  line  con- 
necting a  corner  of  the  claim  with  the  nearest  public  corner  of  the  United  States 
surveys,  unless  such  claim   be  on  unsurveyed  lands  at  a  distance  of  more  than  two 
miles  from  such   public  corner,  in  which   latter  case  it  should  be  connected  with  a 
United  States  mineral  monument.     Such  connecting  line  must  not  be  more  than  two 
miles  in  length,  and  should  be  measured  on  the  ground  direct  between  the  points,  or 
calculated   from  actually  surveyed  traverse  lines  if  the  nature  of  the  country  should 
not  permit  direct  measurement.     If  a  regularly  established  survey  corner  is  within 
two  miles  of  a  claim  situated  on  unsurveyed  lands,  the  connection  should  be  made 
with  such  comer  in  preference  to  a  connection  with  a  United  States  mineral  monu- 
ment.    The  connecting  line  must  be  surveyed  by  the  deputy  mineral  surveyor  at  the 
time  of  his  making  the  particular  survey,  and  be  made  a  part  thereof. 

46.  Upon  the  approval  of  the  survey  of  a  mining  claim  made  upon  surveyed  lands, 
the  surveyor-general  will  prepare  and  transmit  to  the  local  land  office  and  to  this 
office  a 'diagram  tracing,  showing  the  portions  of  legal  40- acre  subdivisions  made  frac- 
tional by  reason   of  the   mineral   survey,  designating  each  of  such  portions  by  the 
proper  lot  number,  beginning  with  No.  I  in  each  section  and  giving  the  area  of  each 
lot 

47.  The  survey  and  plat  of  mineral  claims,  required   by  section   2325,  Revised 
Statutes  of  the  United  States,  to  be  filed  in  the  proper  land  office,  with  application 
for  patent,  must  be  made  subsequent  to  the  recording  of  the  location  of  the  mine ; 
and  when  the  original  location  is  made  by  survey  of  a  United  States  deputy  surveyor 
such  location  survey  can  not  be  substituted  for  that  required  by  the  statute,  as  above 
indicated. 

48.  The  surveyor-general  should   derive  his  information  upon  which  to  base  his 
«*rtificate  as  to  the  value  of  labor  expended  or  improvements  made  from  his  deputy 


AND  REGULATIONS  THEREUNDER.  l  I 

who  makes  the  actual  survey  and  examination  upon  the  premises,  and  such  deputy 
should  specify  with  particularity  and  full  detail  the  character  and  extent  of  such  im- 
provements. 

49.  The  following  particulars  should  be  observed  in  the  survey  of  every  mining 
claim : 

(1)  The  exterior  boundaries  of  the  claim  should  be  represented  on  the  plat  of  sur- 
vey and  in  the  field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with  the  lines  of  conflicting  prior 
surveys  should  be  noted  in  the  field-notes  and  represented  upon  the  plat. 

(3)  Conflicts  with  unsurveyed    claims,  where   the  applicant  for  survey  does  not 
claim  the  area  in  conflict,  should  be  shown  by  actual  survey. 

(4)  The  total   area  of  the  claim  embraced  by  the  exterior  boundaries  should  be 
stated,  and  also  the  area  in  conflict  with  each   intersecting  survey,  substantially  as 

follows : 

Acres. 

Total  area  of  claim 10.50 

Area  in  conflict  with  survey  No.  302 1.56 

Area  in  conflict  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode  mining  claim,  unsurveyed 1.48 

It  does  not  follow  that  because  mining  surveys  are  required  to  exhibit  all  conflicts 
with  prior  surveys  the  areas  of  conflict  are  to  be  excluded.  The  field-notes  and  plat 
are  made  a  part  of  the  application  for  patent,  and  care  should  be  taken  that  the  de- 
scription does  not  inadvertently  exclude  portions  intended  to  be  retained.  It  is  better 
that  the  application  for  patent  should  state  the  portions  to  be  excluded  in  express 
terms.  A  survey  executed  as  in  the  example  given  will  enable  the  applicant  for 
patent  to  exclude  such  conflicts  as  may  seem  desirable.  For  instance,  the  conflict 
with  survey  No.  302,  and  with  the  Mountain  Maid  lode  claim,  might  be  excluded, 
and  that  with  survey  No.  948  included. 

50.  The  rights  granted  to  locators  under  section  2322,  Revised  Statutes,  are  restric- 
ted to  such  locations  on  veins,  lodes,  or  ledges  as  may  be  "  situated  on  the  public  do- 
main."    In  applications  for  lode  claims  where  the  survey  conflicts  with  a  prior  valid 
lode  claim  or  entry  and  the  ground  in  conflict  is  excluded,  the  applicant  not  only  has 
no  right  to  the  excluded  ground,  but  he  has  no  right  to  that  portion  of  any  vein  or 
lode  the  top  or  apex  of  which  lies  within  such  excluded  ground,  unless  his  location 
was  prior  to  May  10, 1872.     His  right  to  the  lode  claimed  terminates  where  the  lode, 
in  its  onward  course  or  strike,  intersects  the  exterior  boundary  of  such  excluded 
ground  and  passes  within  it. 

51.  The  end  line  of  his  survey  should  not,  therefore,  be  established  beyond  such  in- 
.ersection,  unless  it  should  be  necessary  so  to  do  for  the  purpose  of  including  ground 
held  and  claimed  under  a  location  which  was  made  upon   public  land  and  valid  at 
the  time  it  was  made.     To  include  such  ground  (which  may  possibly  embrace  other 
lodes)  the  end  line  of  the  survey  may  be  established  within  the  conflicting  survey,  but 
the  line  must  be  so  run  as  not  to  extend  any  farther  into  the  conflicting  survey  than 
may  be  necessary  to  make  such  end  line  parallel  to  the  other  end  line  and  at  the  same 
time  embrace  the  ground  so  held  and  claimed.     The  useless  practice  in  such  cases  of 
extending  both  the  side  lines  of  a  survey  into  the  conflicting  survey  and  establishing 
an  end  line  wholly  within  it,  beyond  a  point  necessary  under  the  rule  just  stated,  will 
be  discontinued. 

74.  As  a  condition  for  the  making  of  application  for  patent  according  to  section 
2325,  there  must  be  a  preliminary  showing  of  work  or  expenditure  upon  each  location, 


I3  UNITED  STATES  MINING  LAWS 

either  by  showing  the  full  amount  sufficient  to  the  maintenance  of  possession  under 
section  2324  for  the  pending  year;  or,  if  there  has  been  failure,  it  should  be  shown 
that  work  has  been  resumed  so  as  to  prevent  relocation  by  adverse  parties  after  aban- 
donment. The  "  pending  year  "  means  the  calendar  year  in  which  application  is 
made,  and  has  no  reference  to  a  showing  of  work  at  date  of  the  final  entry. 

75.  This  preliminary  showing  may,  where  the  matter  is  unquestioned,  consist  of 
the  affidavit  of  two  or  more  witnesses  familiar  with  the  facts. 

93.  A  party  who  is  not  an  applicant  for  patent  under  section  2325,  Revised  Stat- 
utes, or  the  assignee  of  such  applicant,  is  not  entitled  to  make  entry  under  said  section, 
and  in  no  case  will  the  name  of  such  party  be  inserted  in  the  certificate  of  entry. 
This  regulation  has  no  reference  to  proceedings  under  section  2326. 

94.  Any  party  applying  to  make  entry  as  trustee  must  disclose  fully  the  nature  of 
the  trust  and  the  name  of  the  cestui  que  trust ;  and  such  trustees,  as  well  as  the  bene- 
ficiaries, must  furnish  satisfactory  proof  of  citizenship  ;  and  the  names  of  beneficiaries, 
as  well  as  that  of  the  trustee,  must  be  inserted  in  the  final  certificate  of  entry. 

95.  No  entry  will  be  allowed  until  the  register  has  satisfied  himself,  by  a  careful  ex- 
amination, that  proper  proofs  have  been  filed  upon  all  the  points  indicated  in  official 
regulations  in  force,  and  that  they  show  a  sufficient  bonafide  compliance  with  the  laws 
and  such  regulations. 

Surveys  to  be  Adjusted  to  the  Public  Surveys. 

UNITED  STATES  LAW. — SEC.  2327.  The  description  of  vein  or  lode 
claims,  upon  surveyed  lands,  shall  designate  the  location  of  the  claim 
with  reference  to  the  lines  of  the  public  surveys,  but  need  not  conform 
therewith  ;  but  where  a  patent  shall  be  issued  for  claims  upon  unsur- 
veyed  lands,  the  surveyor-general,  in  extending  the  surveys,  shall  ad- 
just the  same  to  the  boundaries  of  such  patented  claim,  according  to 
the  plat  or  description  thereof,  but  so  as  in  no  case  to  interfere  with  or 
change  the  location  of  any  such  patented  claim. 

Annual  Expenditure. 

ACT  OF  CONGRESS  OF  JANUARY  22,  1880. — An  Act  to  amend  sec- 
tions twenty-three  hundred  and  twenty-four  and  twenty-three  hundred 
and  twenty-five  of  the  Revised  Statutes  of  the  United  States  concern- 
ing mineral  lands. 

Beit  enacted,  etc.,  That  section  twenty- three  hundred  and  twenty- 
five  of  the  Revised  Statutes  of  the  United  States  be  amended  by  adding 
thereto  the  following  words:  "Provided,  That  where  the  claimant  for 
a  patent  is  not  a  resident  of  or  within  the  land  district  wherein  the 
vein,  lode,  ledge  or  deposit  sought  to  be  patented  is  located,  the  appli- 
cation for  patent  and  the  affidavits  required  to  be  made  in  this  section 
by  the  claimant  for  such  patent  may  be  made  by  his,  her,  or  its  author- 
ized agent,  where  said  agent  is  conversant  with  the  facts  sought  to  be 
established  by  said  affidavits :  And  provided,  That  this  section  shall 
apply  to  all  applications  now  pending  for  patents  to  mineral  lands." 

SEC.  2.  That  section  twenty-three  hundred  and  twenty-four  of  the 
Revised  Statutes  of  the  United  States  be  amended  by  adding  the  fol- 
lowing words  :  "Provided,  That  the  period  within  which  the  work 
required  to  be  done  annually  on  all  unpatented  mineral  claims  shall 
commence  on  the  first  day  of  January  succeeding  the  date  of  location 
of  such  claim,  and  this  section  shall  apply  to  all  claims  located  since 


AND  REGULATIONS  THEREUNDER.  1<5 

the  tenth  day  of  May,  anno  Domini  eighteen  hundred  and  seventy- 
two." 

ACT  OF  CONGRESS  OF  FEBRUARY  n,  1875. — An  act  to  amend  section 
two  thousand  three  hundred  and  twenty-four  of  the  Revised  Statutes, 
relating  to  the  development  of  the  mining  resources  of  the  United 
States. 

Be  it  enacted,  etc. ,  That  section  two  thousand  three  hundred  and 
twenty-four  of  the  Revised  Statutes  be,  and  the  same  is  hereby 
amended  so  that  where  a  person  or  company  has  or  may  run  a  tunnel 
for  the  purpose  of  developing  a  lode  or  lodes,  owned  by  said  person  or 
company,  the  money  so  expended  in  said  tunnel  shall  be  taken  and 
considered  as  expended  on  said  lode  or  lodes,  whether  located  prior  to 
or  since  the  passage  of  said  act,  and  such  person  or  company  shall  not 
be  required  to  perform  work  on  the  surface  of  said  lode  or  lodes  in 
order  to  hold  the  same  as  required  by  said  act.  [See  page  43.] 

Tunnel  Rights. 

UNITED  STATES  LAW. — SEC.  2323.  Where  a  tunnel  is  run  for  the 
development  of  a  vein  or  lode,  or  for  the  discovery  of  mines,  the  owners 
of  such  tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feet  from  the  face  of  such  tunnel  on  the  line 
thereof,  not  previously  known  to  exist,  discovered  in  such  tunnel,  to 
the  same  extent  as  if  discovered  from  the  surface:  and  locations  on  the 
line  of  such  tunnel  of  veins  or  lodes,  not  appearing  on  the  surface, 
made  by  other  parties  after  the  commencement  of  the  tunnel,  and  while 
the  same  is  being  prosecuted  with  reasonable  diligence,  shall  be  invalid  ; 
but  failure  to  prosecute  the  work  on  the  tunnel  for  six  months  shall  be 
considered  as  an  abandonment  of  the  right  to  all  undiscovered  veins  on 
the  line  of  such  tunnel. 

LAND  OFFICE  REGULATIONS.— 20.  Section  2323  provides  that  where  a  tunnel  is 
run  for  the  development  of  a  vein  or  lode,  or  for  the  discovery  of  mines,  the  owner  of 
such  tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes  within  three  thous- 
and feet  from  the  face  of  such  tunnel  on  the  line  thereof,  not  previously  known  to  ex- 
ist, discovered  in  such  tunnel,  to  the  same  extent  as  if  discovered  from  the  surface;  and 
locations  on  the  line  of  such  tunnel  of  veins  or  lodes  not  appearing  on  the  surface, 
made  by  other  parties  after  the  commencement  of  the  tunnel,  and  while  the  same  is 
being  prosecuted  with  reasonable  diligence,  shall  be  invalid ;  but  failure  to  prosecute 
the  work  on  the  tunnel  for  six  months  shall  be  considered  as  an  abandonment  of  the 
right  to  all  undiscovered  veins  or  lodes  on  the  line  of  said  tunnel. 

21.  The  effect  of  this  is  simply  to  give  the  proprietors  of  a  mining  tunnel  run  in 
good  faith  the  possessory  right  to  fifteen  hundred  feet  of  any  blind  lodes  cut,  discovered, 
or  intersected  by  such  tunnel,  which  were  not  previously  known  to  exist,  within  three 
thousand    feet    from    the  face  or  point  of  commencement  of  such   tunnel,  and   to 
prohibit   other   parties,    after    the    commencement    of  the    tunnel,  from    prospect- 
ing for  and  making  locations  of  lodes  on  the  line  thereof  and  within  said  distance  of 
three  thousand   feet,  unless  such  lodes  appear  upon  the  surface  or  were  previously 
known  to  exist. 

22.  The  term  "  face,"  as  used  in  said  section,  is  construed  and  held  to  mean  the 
first  working- face  formed  in  the  tunnel,  and  to  signify  the  point  at  which  the  tunnel 
actually  enters  cover ;  it  being  from  this  point  that  the  three  thousand  feet  are  to  be 
counted,  upon  which  prospecting  is  prohibited  as  aforesaid. 


14  UNITED  STATES  MINING  LAWS 

23.  To  avail  themselves  of  the  benefits  of  this  provision  of  law,  the  proprietors  of  a 
mining  tunnel  will  be  required,  at  the  time  they  enter  cover  as  aforesaid,  to  give  proper 
notice  of  their  tunnel  location  by  erecting  a  substantial  post,  board,  or  monument  at  the 
face  or  point  of  commencement  thereof,  upon  which  should  be  posted  a  good  and  suf- 
ficient notice,  giving  the  names  of  the  parties  or  company  claiming  the  tunnel-right ; 
the  actual  or  proposed  course  or  direction  of  the  tunnel ;  the  height  and  width  thereof, 
and  the  course  and  distance  from  such  face  or  point  of  commencement  to  some  per- 
manent well-known  objects  in  the  vicinity  by  which  to  fix  and  determine  the  locus  in 
manner  heretofore  set  forth  applicable  to  locations  of  veins  or  lodes,  and  at  the  time  of 
posting  such  notice  they  shall,  in  order  that  miners  or  prospectors  may  be  enabled  to 
determine  whether  or  not  they  are  within  the  lines  of  the  tunnel,  establish  the  boun- 
dary lines  thereof,  by  stakes  or  monuments  placed  along  such  lines  at  proper  intervals, 
to  the  terminus  of  the  three  thousand  feet  from  the  face  or  point  of  commencement  of 
the  tunnel,  and  the  lines  so  marked  will  define  and  govern  as  to  the  specific  bound- 
aries within  which  prospecting  for  lodes  not  previously  known  to  exist  is  prohibited 
while  work  on  the  tunnel  is  being  prosecuted  with  reasonable  diligence. 

24.  At  the  time  of  posting  notice  and  marking  out  the  lines  of  the  tunnel  as  afore- 
said, a  full  and  correct  copy  of  such  notice  of  location  defining  the  tunnel  claim  must 
be  filed  for  record  with  the  mining  recorder  of  the  district,  to  which  notice  must  be 
attached  the  sworn  statement  or  declaration  of  the  owners,  claimants,  or  projectors  of 
such  tunnel,  setting  forth  the  facts  in  the  case;  stating  the  amount  expended  by  them- 
selves and  their  predecessors  in   interest  in  prosecuting  work  thereon ;  the  extent  of 
the  work  performed,  and  that  it  is  bonafi.de  their  intention  to  prosecute  work  on  the 
tunnel  so  located  and  described  with  reasonable  diligence  for  the  development  of  a 
vein  or  lode,  or  for  the  discovery  of  mines,  or  both,  as  the  case  may  be.     This  notice 
of  location  must  be  duly  recorded,  and,  with  the  said  sworn  statement  attached,  kept 
on  the  recorder's  files  for  future  reference. 

25.  By  a  compliance  with  the  foregoing  much  needless  difficulty  will  be  avoided, 
and  the  way  for  the  adjustment  of  legal  rights  acquired  in  virtue  of  said  section  2323 
will  be  made  much  more  easy  and  certain. 

26.  This  office  will  take  particular  care  that  no  improper  advantage  is  taken  of  this 
provision  of  law  by  parties  making  or  professing  to  make  tunnel  locations,  ostensibly 
for  the  purposes  named  in  the  statute,  hut  really  for  the  purpose  of  monopolizing  the 
lands  lying  in  front  of  their  tunnels  to  the  detriment  of  the  mining  interests  and  to  the 
exclusion  of  bonaf.de  prospectors  or  miners,  but  will  hold  such  tunnel  claimants  to  a 
strict  compliance  with  the  terms  of  the  statutes ;  and  a  reasonable  diligence  on  their 
part  in  prosecuting  the  work  is  one  of  the  essential  conditions  of  their  implied  contract. 
Negligence  or  want  of  due  diligence  will  be  construed  as  working  a  forfeiture  of  their 
right  to  all  undiscovered  veins  on  the  line  of  such  tunnel. 

Placer  Claims. 

UNITED  STATES  LAW. — SEC.  2329.  Claims  usually  called  "placers," 
including  all  forms  of  deposit,  excepting  veins  of  quartz,  or  other  rock 
in  place,  shall  be  subject  to  entry  and  patent,  under  like  circum- 
stances and  conditions,  and  upon  similar  proceedings,  as  are  provided 
for  vein  or  lode  claims ;  but  where  the  lands  have  been  previously  sur- 
veyed by  the  United  States,  the  entry  in  its  exterior  limits  shall  con- 
form to  the  legal  subdivisions  of  the  public  la,nds. 

LAND  OFFICE  REGULATIONS. — 52.  The  proceedings  to  obtain  patents  for  claims 


AND  REGULATIONS  THEREUNDER.  !- 

usually  called  placers,  including  all  forms  of  deposit,  excepting  veins  of  quartz  or 
other  rock  in  place,  are  similar  to  the  proceedings  prescribed  for  obtaining  patents  for 
vein  or  lode  claims ;  but  where  said  placer  claim  shall  be  upon  surveyed  lands,  and 
conform  to  legal  subdivisions,  no  further  survey  or  plat  will  be  required,  and  all 
placer  mining  claims  located  after  May  10,  1872,  shall  conform  as  nearly  as  prac- 
ticable with  the  United  States  system  of  public-land  surveys  and  the  rectangular  sub- 
divisions of  such  surveys,  and  no  such  location  shall  include  more  than  twenty  acres 
for  each  individual  claimant;  but  where  placer  claims  can  not  be  conformed  to  legal 
subdivisions,  survey  and  plat  shall  be  made  as  on  unsurveyed  lands.  But  where  such 
claims  are  located  previous  to  the  public  surveys,  and  do  not  conform  to  legal  sub- 
divisions, survey,  plat,  and  entry  thereof  may  be  made  according  to  the  boundaries 
thereof,  provided  the  location  is  in  all  respects  legal. 

53.  The  proceedings  for  obtaining  patents  for  veins  or  lodes  having  already  been 
fully  given,  it  will  not  be  necessary  to  repeat  them  here,  it  being  thought  that  careful 
attention  thereto  by  applicants  and  the  local  officers  will  enable  them  to  act  under- 
standingly  in  the  matter  and  make  such  slight  modifications  in  the  notice,  or  other- 
wise, as  may  be  necessary  in  view  of  the  different  nature  of  the  two  classes  of  claims, 
placer  claims  being  fixed,  however,  at  two  dollars  and  fifty  cents  per  acre,  or  frac- 
tional part  of  an  acre. 

Legal  Subdivisions — Ten  Acre  Lots 

UNITED  STATES  LAW. — SEC.  2330.  Legal  subdivisions  of  forty 
acres  may  be  subdivided  into  ten-acre  tracts ;  and  two  or  more  persons, 
or  associations  of  persons,  having  contiguous  claims  of  any  size,  al- 
though such  claims  may  be  less  than  ten  acres  each,  may  make  joint 
entry  thereof;  but  no  location  of  a  placer-claim,  made  after  the  ninth 
day  of  July,  eighteen  hundred  and  seventy,  shall  exceed  one  hundred 
and  sixty  acres  for  any  one  person  or  association  of  persons,  which  lo- 
cation shall  conform  to  the  United  States  surveys ;  and  nothing  in  this 
section  contained  shall  defeat  or  impair  any  bona  fide  pre-emption  or 
homestead  claim  upon  agricultural  lands,  or  authorize  the  sale  of  the 
improvements  of  any  bona  fide  settler  to  any  purchaser. 

SEC.  2331.  Where  placer-claims  are  upon  surveyed  lands,  and  con- 
form to  legal  subdivisions,  no  further  survey  or  plat  shall  be  required, 
and  all  placer-mining  claims  located  after  the  tenth  day  of  May,  eigh- 
teen hundred  and  seventy  two,  shall  conform  as  near  as  practicable 
with  the  United  States  system  of  public-land  surveys,  and  the  rectangu- 
lar subdivisions  of  such  surveys,  and  no  such  location  shall  include 
more  than  twenty  acres  for  each  individual  claimant ;  but  where  pla- 
cer-claims can  not  be  conformed  to  legal  subdivisions,  survey  and 
plat  shall  be  made  as  on  unsurveyed  lands ;  and  where  by  the  segrega- 
tion of  mineral  lands  in  any  legal  subdivision  a  quantity  of  agricultural 
land  less  than  forty  acres  remains,  such  fractional  portions  of  agri- 
cultural land  may  be  entered  by  any  party  qualified  by  law,  for  home- 
stead or  pre-emption  purposes. 

LAND  OFFICE  REGULATIONS. — 54.  By  section  2330,  authority  is  given  for  the  sub- 
division of  forty-acre  legal  subdivisions  into  fen-acre  lots,  which  is  intended  for  the 
greater  convenience  of  miners  in  segregating  their  claims  both  from  one  another  and 
from  intervening  agricultural  lands. 

55.  It  is  held,  therefore,  that  under  a  proper  construction  of  the  law  these  ten-acre 


1 6  UNITED  STATES  MINING  LAWS 

lots  in  mining  districts  should  be  considered  and  dealt  with,  to  all  intents  and  pur- 
poses, as  legal  subdivisions,  and  that  an  applicant  having  a  legal  claim  which  con- 
forms to  one  or  more  of  these  ten-acre  lots,  either  adjoining  or  cornering,  may  make 
entry  thereof,  after  the  usual  proceedings,  without  further  survey  or  plat. 

56.  In  cases  of  this  kind,  however,  the  notice  given  of  the  application  must  be  very 
specific  and  accurate  in  description,  and  as  the  forty-acre  tracts  may  be  subdivided 
into  ten-acre  lots,  either  in  the  form  of  squares  of  ten  by  ten  chains,  or  if  parallelo- 
grams five  by  twenty  chains,  so  long  as  the  lines  are  parallel  and  at  right  angles  with 
the  lines  of  the  public  surveys,  it  will   be  necessary  that   the  notice  and  application 
state  specifically  what  ten-acre  lots  are  sought  to  be  patented,  in  addition  to  the  other 
data  required  in  the  notice. 

57.  Where  the  ten-acre  subdivision  is  in  the  form  of  a  square  it,  may  be  described, 
for   instance,  as   the  "SE.  ^  of  the   SW.  ^   of  NW.  %,"  oi\  if  in  the   form  of  a 
parallelogram  as  aforesaid,  it  may  be  described  as  the  "  W.  *£  of  the  W.  }/2  of  the 
SW.  X  of  the  NW.  X  (or  the  N.  ^  of  the  S.  X  of  the  NE.  X  of  the  SE.  X)  of 

section ,  township range ,"  as  the  case  may  be;  but,  in  addition 

to  this  description  of  the  land,  the  notice  must  give  all  the  other  data  that  is  required 
in  a  mineral  application,  by  which  parties  may  be  put  on  inquiry  as  to  the  premises 
sought  to  be  patented.     The  proofs  submitted  with  applications  for  claims  of  this  kind 
must  show   clearly  the   character  and   the   extent   of  the  improvements   upon  the 
premises. 

Inasmuch  as  the  surveyor-general  has  no  duty  to  perform  in  connection  with  the 
entry  of  a  placer  claim  of  legal  subdivisions,  the  proof  of  improvements  must  show 
their  value  to  be  not  less  than  Jive  htmdred  dollars,  and  that  they  were  made  by  the 
applicant  for  patent  or  his  grantors.  The  annual  expenditure  to  the  amount  of  $100, 
required  by  Section  2324,  Revised  Statutes,  must  be  made  upon  placer  claims  as  well 
as  lode  claims. 

59.  By  Section  2330,  it  is  declared  that  no  location  of  a  placer  claim,  made  after 
July  9,  1870,  shall  exceed  one  hundred  and  sixty  acres  for  any  one  person  or  asso- 
ciation of  persons,  which  location  shall  conform  to  the  United  States  surveys. 

60.  Section   2331   provides  that  all  placer-mining  claims  located  after  May   10, 
1872,  shall  conform  as  nearly  as  practicable  with  the  United  States  systems  of  public 
surveys,  and  the  subdivisions  of  such  surveys,  and  no  such  locations  shall  include 
more  than  twenty  acres  for  each  individual  claimant. 

61.  The  foregoing  provisions  of  law  are  construed  to  mean  that  after  the  gth  day 
of  July,  1870,  no  location  of  a  placer  claim  can  be  made  to  exceed  one  hundred  and 
sixty  acres,  whatever  may  be  the  number  of  locators  associated  together,  or  whatever 
the   local  regulations   of  the  district  may  allow ;  and  that  from  and  after  May  10, 
1872,  no  location  made  by  an  individual   can  exceed  twenty  acres,  and  no  location 
made  by  an  association  of  individuals  can  exceed  one  hundred  and  sixty  acres,  which 
location  of  one  hundred  and  sixty  acres  can  not  be  made  by  a  less  number  than  eight 
bonaf.de  locators ;  and  no  local  laws  or  mining  regulations  can  restrict  a  placer  loca- 
tion to  less  than  twenty  acres,  although  the  locator  is  not  compelled  to  take  so  much. 

Placer  Claims  Containing  Lodes. 

UNITED  STATES  LAW. — SEC.  2333.  Where  the  same  person,  associ- 
ation, or  corporation  is  in  possession  of  a  placer-claim,  and  also  avein 
or  lode  included  within  the  boundaries  thereof,  application  shall  be 
made  fora  patent  for  the  placer  claim,  with  the  statement  that  it  in- 
cludes such  vein  or  lode,  and  in  such  case  a  patent  shall  issue  for  a 


AND  REGULATIONS  THEREUNDER.  17 

placer-claim,  subject  to  the  provisions  of  this  chapter,  including  such 
vein  or  lode,  upon  the  payment  of  five  dollars  per  acre  for  such  vein 
or  lode  claim,  and  twenty- five  feet  of  surface  on  each  side  thereof. 
The  remainder  of  the  placer  claim,  or  any  placer  claim  not  embracing 
any  vein  or  lode  claim,  shall  be  paid  for  at  the  rate  of  two  dollars  and 
fifty  cents  per  acre,  together  with  all  costs  of  proceedings  ;  and  where 
a  vein  or  lode,  such  as  is  described  in  section  twenty  three  hundred 
and  twenty,  is  known  to  exist  within  the  boundaries  of  a  placer  claim, 
an  application  for  a  patent  for  such  placer  claim  which  does  not  include 
an  application  for  the  vein  or  lode  claim  shall  be  construed  as  a  con- 
clusive declaration  that  the  claimant  of  the  placer  claim  has  no  right 
of  possession  of  the  vein  or  lode  claim  ;  but  where  the  existence  of  a 
vein  or  lode  in  a  placer-claim  is  not  known,  a  patent  for  the  placer- 
claim  shall  convey  all  valuable  mineral  and  other  deposits  within  the 
boundaries  thereof. 

LAND  OFFICE  REGULATIONS. — 58.  Applicants  for  patent  to  a  placer  claim,  who 
are  also  in  possession  of  a  known  vein  or  lode  included  therein,  must  state  in  their 
application  that  the  placer  includes  such  vein  or  lode.  The  published  and  posted 
notices  must  also  include  such  statement.  If  veins  or  lodes  lying  within  a  placer 
location  are  owned  by  other  parties,  the  fact  should  be  distinctly  stated  in  the  appli- 
cation for  patent,  and  in  all  the  notices.  But  in  all  cases  whether  the  lode  is  claimed 
or  excluded,  it  must  be  surveyed  and  marked  upon  the  plat ;  the  field  notes  and  plat 
giving  the  area  of  the  lode  claim  or  claims  and  the  area  of  the  placer  separately.  It 
should  be  remembered  that  an  application  which  omits  to  include  an  application  for  a 
known  vein  or  lode  therein,  must  be  construed  as  a  conclusive  declaration  that  the 
applicant  has  no  right  of  possession  to  the  vein  or  lode.  Where  there  is  no  known 
lode  or  vein,  the  fact  must  appear  by  the  affidavit  of  two  or  more  witnesses. 

Placer  Locations  and  Applications. 

LAND  OFFICE  REGULATIONS. — 62.  The  regulations  hereinbefore  given  as  to  the 
manner  of  marking  locations  on  the  ground,  and  placing  the  same  on  record,  must  be 
observed  in  the  case  of  placer  locations  so  far  as  the  same  are  applicable,  the  law  re- 
quiring, however,  that  where  placer  claims  are  upon  surveyed  public  lands  the  loca- 
tions must  hereafter  be  made  to  conform  to  legal  subdivisions  thereof  as  near  as 
practicable. 

63.  The  first  care  in  recognizing  an  application  for  patent  upon  a  placer  claim 
must  be  exercised  in  determining  the  exact  classification  of  the  lands.  To  this  end 
the  clearest  evidence  of  which  the  case  is  capable  should  be  presented. 

(1)  If  the  claim  be  all  placer  ground,  that  fact  must  be  stated  in  the  application 
and  corroborated  by  accompanying  proofs ;  if  of  mixed  placers  and  lodes,  it  should 
be  so  set  out,  with  a  description  of  all  known  lodes  situated  within  the  boundaries  of 
the  claim.     A  specific  declaration,  such   as  is  required  by  Section  2333,  Revised 
Statutes,  must  be  furnished  as  to  each  lode  intended  to  be  claimed.     All  other  known 
lodes  are,  by  the  silence  of  the  applicant,  excluded  by  law  from  all  claim  by  him,  of 
whatsoever  nature,  possessory  or  otherwise. 

(2)  Section  2395,  Revised  Statutes  (subdivision  7),  requires  the  surveyor  to  "  note 
in  his  field  books  the  true  situation  of  all  mines,  salt  licks,  salt  springs,  and  mill  seats 
which  come  to  his  knowledge ;"  also  "  all  water-courses  over  which  the  lines  he  runs 
may  pass."     It  further  requires  him  to  "note  the  quality  of  the  lands."     These  dc- 

2 


1 8  UNITED  STATES  MINING  LAWS 

scriptive  notes  are  required  by  subdivision  8  to  be  incorporated  in  the  plat  by  the 
surveyor-general. 

(3)  If  these  duties  have  been  performed,  the  public  surveys  will  furnish  a  reason- 
able guide  to  the  district   officers  and   to  claimants  in  prosecuting  their  applications. 
But  experience  has  shown  that  great  neglect  has  resulted  from  inattention  to  the  law 
in  this  respect,  and  the  regular  plats  are  of  very  little  value  in  the  matter.     It  will, 
therefore,  be  required  in  the  future  that  deputy  surveyors  shall,  at  the  expense  of  the 
parties,  make  full  examination  of  all  placer  claims  surveyed  by  them,  and  duly  note 
the  facts  as  specified  in  the  law,  stating  the  quality  and  composition  of  the  soil,  the 
kind  and  amount  of  timber  and  other  vegetation,  the  locus  and  size  of  streams,  and 
such  other  matters  as  may  appear  upon  the  surface  of  the  claim.     This  examination 
should  include  the  character  and  extent  of  all  surface  and  underground  workings, 
whether  placer  or  lode,  for  mining  purposes. 

(4)  In  addition  to  these  data,  which  the  law  requires  to  be  shown  in  all  cases,  the 
deputy  should  report  with  reference  to  the  proximity  of  centers  of  trade  or  residence  ; 
also  of  well-known  systems  of  lode  deposit  or  of  individual  lodes.     He  should  also 
report  as  to  the  use  or  adaptability  of  the  claim  for  placer  mining ;  whether  water  has 
been  brought  upon  it  in  sufficient  quantity  to  mine  the  same,  or  whether  it  can  be 
procured  for  that  purpose  ;  and,  finally,  what  works  or  expenditures  have  been  made 
by  the  claimant  or  his  grantors  for  the  development  of  the  claim,  and  their  situation 
and  location  with  respect  to  the  same  as  applied  for. 

(5)  This   examination   should   be  reported  by  the  deputy  under  oath  to  the  sur- 
veyor general,  and   duly  corroborated;  and  a  copy  of  the  same  should  be  furnished 
with  the  application  for  patent  to  the  claim,  constituting  a  part  thereof,  and  included 
in  the  oath  of  the  applicant. 

(6)  Applications  awaiting  entry,  whether  published  or  not,  must  be  made  to  con- 
form to  these  regulations,  with  respect  to  examination  as  to'  the  character  of  the  land. 
Entries  already  made  will  be  suspended  for  such  additional  proofs  as  may  be  deemed 
necessary  in  each  case. 

Possessory  Right. 

UNITED  STATES  LAW. — SEC.  2332.  Where  such  person  or  associa- 
tion, they  and  their  grantors,  have  held  and  worked  .their  claims  for  a 
period  equal  to  the  time  prescribed  by  the  statute  of  limitations  for 
mining  claims  of  the  State  or  Territory  where  the  same  may  be  situated, 
evidence  of  such  possession  and  working  of  the  claims  for  such  period 
shall  be  sufficient  to  establish  a  right  to  a  patent  thereto  under  this 
chapter,  in  the  absence  of  any  adverse  claim  ;  but  nothing  in  this 
chapter  shall  be  deemed  to  impair  any  lien  which  may  have  attached 
in  any  way  whatever  to  any  mining  claim  or  property  thereto  attached 
prior  to  the  issuance  of  a  patent. 

LAND  OFFICE  REGULATIONS.— 69.  With  regard  to  the  proofs  necessary  to  establish 
the  possessory  right  to  a  mining  claim,  section  2332  provides  that  "  where  such  person 
or  association,  they  and  their  grantors,  have  held  and  worked  their  claims  for  a  period 
equal  to  the  time  prescribed  by  the  statute  of  limitations  for  mining  claims  of  the  State 
or  Territory  where  the  same  may  be  situated,  evidence  of  such  possession  and  work- 
ing of  the  claims  for  such  period  shall  be  sufficient  to  establish  a  right  to  a  patent 
thereto  under  thii  chapter,  in  the  absence  of  any  adverse  claim." 

70.  This  provision  of  law  will  g'reatly  lessen  the  burden  of  proof,  more  especially 


AND  REGULATIONS  THEREUNDER.  lg 

in  the  case  of  old  claims  located  many  years  since,  the  records  of  which,  in  many 
cases,  have  been  destroyed  by  fire,  or  lost  in  other  ways  during  the  lapse  of  time,  but 
concerning  the  possessory  right  to  which  all  controversy  or  litigation  has  long  been 
settled. 

71.  When  an  applicant  desires  to  make  his  proof  of  possessory  right  in  accordance 
with  this  provision  of  law,  he  will   not  be   required   to  produce   evidence  of  location, 
copies  of  conveyances,  or  abstracts  of  title,  as   in  other  cases,  but  will  be  required  to 
furnish  a  duly  certified  copy  of  the  statute  of  limitation  of  mining  claims  for  the  State 
or  Territory,  together  with  his  sworn  statement  giving   a  clear  and  succinct  narration 
of  the  facts  as  to  the  origin  of  his  title,  and  likewise  as  to  the  continuation  of  his  pos- 
session of  the  mining  ground  covered  by  his  application;  the  area  thereof;  the  nature 
and  extent  of  the  mining  that  has  been   done  thereon  ;   whether  there  has  been  any 
opposition  to  his  possession,  or  litigation  with  regard  to  his  claim,  and,  if  so,  when 
the  same  ceased  ;  whether  such  cessation  was  caused  by  compromise  or  by  judicial  de- 
cree, and  any  additional  facts  within  the  claimant's  knowledge  having  a  direct  bearing 
upon  his  possession  and  bona   fides  which   he  may  desire  to  submit  in  support  of  his 
claim. 

72.  There  should  likewise  be  filed  a  certificate,  under  seal  of  the  court  having  juris- 
diction of  mining  cases  within  the  judicial  district  embracing  the  claim,  that  no  suit  or 
action  of  any  character  whatever  involving  the  right  of  possession  to  any  portion  of  the 
claim  applied  for  is  pending,  and  that  there  has  been  no  litigation  before  said  court 
affecting  the  title  to  said  claim  or  any  part  thereof  for  a  period  equal  to  the  time  fixed 
by  the  statute  of  limitations  for  mining  claims   in   the  State  or  Territory  as  aforesaid, 
other  than  that  which  has  been  finally  decided  in  favor  of  the  claimant. 

73.  The  claimant  should  support  his  narrative  of  facts  relative  to  his  possession, 
occupancy,  and  improvements  by  corroborative  testimony  of  any  disinterested  person 
or  persons  of  credibility,  who  may  be  cognizant  of  the  facts  in  the  case,  and  are  capa- 
ble of  testifying  understandingly  in  the  premises. 

Proof  of  Citizenship  of  Mining  Claimants. 

UNITED  STATES  LAW. — SEC.  2321.  Proof  of  citizenship,  under  this 
chapter,  may  consist,  in  the  case  of  an  individual,  of  his  own  affidavit 
thereof;  in  the  case  of  an  association  of  persons  unincorporated,  of 
the  affidavit  of  their  authorized  agent,  made  on  his  own  knowledge,  or 
upon  information  and  belief;  and  in  the  case  of  a  corporation  organ- 
ized under  the  laws  of  the  United  States,  or  of  any  State  or  Territory 
thereof,  by  the  filing  of  a  certified  copy  of  their  charter  or  certificate 
of  incorporation. 

LAND  OFFICE  REGULATIONS.— 76.  The  proof  necessary  to  establish  the  citizenship 
of  applicants  for  mining  patents  must  be  made  in  the  following  manner :  In  case  of 
an  incorporated  company,  a  certified  copy  of  their  charter  or  certificate  of  incorpora- 
tion must  be  filed.  In  case  of  an  association  of  persons  unincorporated,  the  affidavit 
of  their  duly  authorized  agent,  made  upon  his  own  knowledge  or  upon  information 
and  belief,  setting  forth  the  residence  of  each  person  forming  such  association,  must 
be  submitted.  This  affidavit  must  be  accompanied  by  a  power  of  attorney  from  the 
parties  forming  such  association,  authorizing  the  person  who  makes  the  affidavit  of 
citizenship  to  act  for  them  in  the  matter  of  their  application  for  patent. 

77.  In  case  of  an  individual  or  an  association  of  individuals  who  do  not  appear  by 
their  duly  authorized  agent,  you  will  require  the  affidavit  of  each  applicant,  showing 


20  UNITED  STATES  MIXING  LAWS 

whether  he  is  a  native  or  naturalized  citizen,  when  and  where  born,  and  his  resi- 
dence. 

78.  In  case  an  applicant  has  declared  his  intention  to  become  a  citizen  or  has  been 
naturalized,  his  affidavit  must  show  the  date,  place,  and  the  court  before  which  he 
declared  his  intention,  or  from  which  his  certificate  of  citizenship  issued,  and  present 
residence. 

79.  The  affidavit  of  the  claimant  as  to  his  citizenship  may  be  taken  before  the 
register  or  receiver,  or  any  other  officer  authorized  to  administer  oaths  within  the  land 
district ;  or,  if  the  claimant  is  residing  beyond  the  limits  of  the  district,  the  affidavit 
may  be  taken  before  the  clerk  of  any  court  of  record  or  before  any  notary  public  of 
any  State  or  Territory. 

80.  If  citizenship   is   established    by  the    testimony  of  disinterested   persons,  such 
testimony  may  be  taken  at  any  place  before  any  person  authorized  to  administer  oaths, 
and  whose  official  character  is  duly  verified. 

Adverse  Claims. 

UNITED  STATES  LAW. — SEC.  2326.  Where  an  adverse  claim  is  filed 
during  the  period  of  publication,  it  shall  be  upon  oath  of  the  person  or 
persons  making  the  same,  and  shall  show  the  nature,  boundaries,  and 
extent  of  such  adverse  claim,  and  all  proceedings,  except  the  publica- 
tion of  notice  and  making  and  filing  of  the  affidavit  thereof,  shall  be 
stayed  until  the  controversy  shall  have  been  settled  or  decided  by  a 
court  of  competent  jurisdiction,  or  the  adverse  claim  waived.     It  shall 
be  the  duty  of  the  adverse  claimant,  within  thirty  days  after  filing  his 
claim,  to  commence  proceedings  in  a  court  of  competent  jurisdiction, 
to  determine  the  question  of  the  right  of  possession,  and  prosecute  the 
same  with  reasonable  diligence  to  final  judgment ;  and  a  failure  so  to 
do  shall  be  a  waiver  of  his  adverse  claim.      After  such  judgment  shall 
have  been  rendered,  the  party  entitled  to  the  possession  of  the  claim, 
or  any  portion  thereof,  may,  without  giving  further  notice,  file  a  cer- 
tified copy  of  the  judgment-roll  with  the  register  of  the  land-office,  to- 
gether with  the  certificate  of  the  surveyor  general  that   the  requisite 
amount  of  labor  has  been  expended  or  improvements  made  thereon, 
and  the  description  required  in    other   cases,  and  shall   pay  to  the 
receiver  five  dollars  per  acre  for  his  claim,  together  with  the  proper  fees, 
whereupon  the  whole  proceedings  and  the  judgment-roll  shall  be  cer- 
tified by  the  register  to  the  Commissioner  of  the  General  Land  Office, 
and  a  patent  shall  issue  thereon  for  the  claim,  or  such  portion  thereof 
as  the  applicant  shall  appear,  from  the  decision  of  the  court,  to  rightly 
possess.     If  it  appears  from  the  decision  of  the  court  that  several  par- 
ties are  entitled  to  separate  and  different  portions  of  the  claim,  each 
party  may  pay  for  his  portion  of  the  claim  with  the  proper  fees,  and  file 
the  certificate  and  description  by  the  surveyor-general,  whereupon  the 
register  shall  certify  the  proceedings  and  judgment-roll  to  the  Commis- 
sioner of  the  General  Land   Office,  as  in    the   preceding  case,  and 
patents  shall  issue  to  the  several  parties  according  to  their  respective 
rights.     Nothing  herein  contained  shall  be  construed  to  prevent  the 
alienation  of  a  title  conveyed  by  a  patent  for  a  mining- claim  to  any  per- 
son whatever. 

LAND  OFFICE  REGULATIONS. — 81.  Section  2326,  and  the  act  of  April  26,  1882, 


AND  REGULATIONS  THEREUNDER.  2I 

provide  for  adverse  claims,  fix  the  time  within  which  they  shall  be  filed  to  have  legal 
effect,  and  prescribe  the  manner  of  their  adjustment,  etc. 

82.  An  adverse  mining  claim  must  be  filed  with  the  register  and  receiver  of  the 
Land  Office  where  the  application  for  patent  was  filed,  or  with  the  register  and 
receiver  of  the  district  in  which  the  land  is  situated  at  the  time  of  filing  the  adverse 
claim.     It  must  be  on  the  oath  of  the  adverse  claimant,  or  it  may  be  verified  by  the 
oath  of  any  duly  authorized  agent  or  attorney-in-fact  of  the  adverse  claimant,  cogni- 
zant of  the  facts  stated. 

83.  Where   an  agent  or  attorney-in-fact  verifies  the   adverse  claim,  he  must  dis- 
tinctly swear  that  he  is  such  agent  or  attorney,  and  accompany  his  affidavit  by  proof 
thereof. 

84.  The  agent  or  attorney-in-fact  must  make  the  affidavit  in  verification  of  the  ad- 
verse claim  within  the  land  district  where  the  claim  is  situated. 

85.  The  adverse  notice  must  fully  set  forth  the  nature  and  extent  of  the  interference 
or  conflict ;  whether  the  adverse  party  claims  as  a  purchaser  for  valuable  considera- 
tion or  as  a  locator  ;  if  the  former,  a  certified  copy  of  the  original  location,  the  original 
conveyance,  a  duly  certified  copy  thereof,  or  an  abstract  of  title   from  the  office  of 
the  proper  recorder  should  be  furnished,  or  if  the  transaction  was  a  merely  verbal  one 
he  will  narrate  the  circumstances  attending  the  purchase,  the  date  thereof,  and  the 
amount  paid,  which  facts  should  be  supported  by  the  affidavit  of  one  or  more  wit- 
nesses, if  any  were  present  at  the  time,  and  if  he  claims  as  a  locator  he  must  file  a 
duly  certified  copy  of  the  location  from  the  office  of  the  proper  recorder. 

86.  In  order  that  the  "boundaries"  and  "extent"  of  the  claim  may  be  shown,  it 
will  be  incumbent  upon  the  adverse  claimant  to  file  a  plat  showing  his  entire  claim, 
ifs  relative  situation  or  position  with  the  one  against  which  he  claims,  and  the  extent 
of  the  conflict.     This  plat  must  be  made  from  an  actual  survey  by  a  United  States 
deputy  surveyor,  who  will  officially  certify  thereon  to  its  correctness ;  and  in  addition 
there  must  be  attached   to  such  plat  of  survey  a  certificate  or  sworn  statement  by  the 
surveyor  as  to  the  approximate  value  of  the  labor  performed  or  improvements  made 
upon  the  claim  by  the  adverse  party  or  his  predecessors  in  interest,  and  the  plat  must 
indicate  the  positionof  any  shafts,  tunnels,  orotherimprovements,  if  any  such  exist,  upon 
the  claim  of  the  party  opposing  the  application,  and  by  which  party  said  improvements 
were  made  :  provided,  however,  That,  if  the  application  for  patent  describes  the  claim 
by  legal  subdivisions,  the  adverse  claimant  if  also  claiming  by  legal  subdivisions,  may 
describe  his  adverse  claim  in  the  same  manner  without  further  survey  or  plat. 

87.  Upon  the  foregoing  being  filed  within  the  sixty  days  as  aforesaid,  the  register, 
or  in  his  absence  the  receiver,  will  give  notice  in  writing  to  both  parties  to  the  contest 
that  such  adverse  claim  has  been  filed,  informing  them  that  the  party  who  filed  the  ad- 
verse claim  will  be  required  within  thirty  days  from  the  date  of  such  filing  to  com- 
mence proceedings  in   a  court  of  competent  jurisdiction  to  determine  the  question  of 
right  of  possession,  and  to  prosecute  the  same  with  reasonable  diligence  to  final  judg- 
ment, and  that,  should  such  adverse  claimant  fail  to  do  so,  his  adverse  claim  will  be 
considered  waived,  and  the  application  for  patent  be  allowed  to  proceed  upon  its 
merits. 

88.  When   an  adverse  claim  is  filed  as  aforesaid,  the  register  or  receiver  will  en- 
dorse upon  the  same  the  precise  date  of  filing,  and  preserve  a  record  of  the  date  of 
notifications   issued  thereon;  and   thereafter  all   proceedings  on  the   application  for 
patent  will  be  suspended,  with  the  exception  of  the  completion  of  the  publication  and 
posting  of  notices  and  plat,  and  the  filing  of  the  necessary  proof  thereof,  until  the  con- 


22  UNITED  STATES  MINING  LAWS 

troversy  shall  have  been  adjudicated  in  court,  or  the  adverse  claim  waived  or  with- 
drawn. 

89.  Where  an  adverse  claim  has  been  filed  and  suit  thereon  commenced  within  the 
statutory  period,  and  final  judgment  determining  the  right  of  possession  rendered  in 
favor  of  the  applicant,  it  will  not  be  sufficient  for  him  to  file  with  the  register  a  certifi- 
cate of  the  clerk  of  the  court,  setting  forth  the  facts  as  to  such  judgment,  but  he  must, 
before  he  is  allowed  to  make  entry,  file  a  certified  copy  of  the  judgment,  together  with 
the  other  evidence  required  by  section  2326,  Revised  Statutes. 

90.  Where  such  suit  has  been  dismissed,  a  certificate  of  the  clerk  of  the  court  to 
that  effect,  or  a  certified  copy  of  the  order  of  dismissal,  will  be  sufficient. 

91.  In  no  case  will  a  relinquishment  of  the  ground  in  controversy,  or  other  proof 
filed  with  tht  register  or  receiver,  be  accepted  in  lieu  of  the  evidence  required. 

92.  Where  an  adverse  claim  has  been  filed,  but  no  suit  commenced  against  the  ap- 
plicant for  patent  within  the  statutory  period,  a  certificate  to  that  effect  by  the  clerk  of 
the  State  court  having  jurisdiction   in  the  case,  and  also  by  the  clerk  of  the  circuit 
court  of  the  United   States  for  the  district  in  which  the  claim  is  situated,  will  be  re 
quired. 

Agent — Adverse  Claim — Citizenship  of  Applicant. 

ACT  OF  CONGRESS  OF  APRIL  26,  1882. — An  Act  to  amend  section 
twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes,  in  regard 
to  mineral  lands,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  adverse  claim  required  by  section 
twenty-three  hundred  and  twenty  six  of  the  Revised  Statutes  may  be 
verified  by  the  oath  of  any  duly  authorized  agent  or  attorney  in  fact  of 
the  adverse  claimant,  cognizant  of  the  facts  stated,  and  the  adverse 
claimant,  if  residing  or  at  the  time  being  beyond  the  limits  of  the  district 
wherein  the  claim  is  situated,  may  make  oath  to  the  adverse  claim  be 
fore  the  clerk  of  any  court  of  record  of  the  United  States  or  the 
State  or  Territory  where  the  adverse  claimant  may  then  be,  or  before 
any  notary  public  of  such  State  or  Territory. 

SEC.  2.  That  applicants  for  mineral  patents,  if  residing  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated,  may  make  any  oath 
or  affidavit  required  for  proof  of  citizenship  before  the  clerk  of  any 
court  of  record,  or  before  any  notary  public  of  any  State  or  Territory. 

Suits  at  Law. 

ACT  OF  CONGRESS  OF  MARCH  3,  1881. — An  Act  to  amend  section 
twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes,  relating 
to  suits  at  law  affecting  the  title  to  mining  claims. 

Be  it  enacted,  etc.,  That  if,  in  any  action  brought  pursuant  to  sec 
tion  twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes,  title 
to  the  ground  in  controversy  shall  not  be  established  by  either  party, 
the  jury  shall  so  find,  and  judgment  shall  be  entered  according  to  the 
verdict.  In  such  case  costs  shall  not  be  allowed  to  either  party,  and 
the  claimant  shall  not  proceed  in  the  land  office,  01  be  entitled  to  a 
patent  for  the  ground  in  controversy,  until  he  shall  have  perfected  his 
title. 


AND  REGULATIONS  THEREUNDER.  23 

Appointment  of  Deputy  Surveyors  of  Mining  Claims — Charges  for  Surveys 
and  Publications — Fees  for  Registers  and  Receivers,  etc. 

UNITED  STATES  LAW. — SEC.  2334.  The  surveyor- general  of  the 
United  States  may  appoint  in  each  land-district  containing  mineral 
lands  as  many  competent  surveyors  as  shall  apply  for  appointment  to 
survey  mining  claims.  The  expenses  of  the  survey  of  vein  or  lode 
claims,  and  the  survey  and  subdivision  of  placer-claims  into  smaller 
quantities  than  one  hundred  and  sixty  acres,  together  with  the  cost  of 
publication  of  notices,  shall  be  paid  by  the  applicants,  and  they  shall 
be  at  liberty  to  obtain  the  same  at  the  most  reasonable  rates,  and  they 
shall  also  be  at  liberty  to  employ  any  United  States  deputy  surveyor  to 
make  the  survey.  The  Commissioner  of  the  General  Land  Office  shall 
also  have  power  to  establish  the  maximum  charges  for  surveys  and  pub- 
lication of  notices  under  this  chapter ;  and,  in  case  of  excessive 
charges  for  publication,  he  may  designate  any  newspaper  published  in 
a  land-district  where  mines  are  situated  for  the  publication  of  mining- 
notices  in  such  district,  and  fix  the  rates  to  be  charged  by  such  paper ; 
and,  to  the  end  that  the  Commissioner  may  be  fully  informed  on  the 
subject,  each  applicant  shall  file  with  the  register  a  sworn  statement  of 
all  charges  and  fees  paid  by  such  applicant  for  publication  and  surveys, 
together  with  all  fees  and  money  paid  the  register  and  the  receiver  of 
the  land  office,  which  statement  shall  be  transmitted,  with  the  other 
papers  in  the  case,  to  the  Commissioner  of  the  General  Land  Office. 

LAND  OFFICE  REGULATIONS. — 97.  Section  2334  provides  for  the  appointment  of 
surveyors  of  mineral  claims,  authorizes  the  Commissioner  of  the  General  .Land  Office 
to  establish  the  rates  to  be  charged  for  surveys  and  for  newspaper  publications. 

Under  this  authority  of  law  the  following  rates  have  been  established  as  the  maxi- 
mum charges  for  newspaper  publications  in  mining  cases : 

(1)  Where  a  daily  newspaper  is  designated,  the  charge  shall  not  exceed  seven  dol- 
lars for  each  ten  lines  of  space  occupied,  and  where   a   weekly  newspaper  is  desig- 
nated as  the  medium  of  publication  five  dollars  for  the  same  space  will  be  allowed. 
Such  charge  shall  be  accepted  as  full  payment  for  publication   in  each  issue  of  the 
newspaper  for  the  entire  period  required  by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated  as  to  curtail  the  descrip- 
tion essential  to  a  perfect  notice,  and  the  said  rates  established  upon  the  understand- 
ing that  they  are  to  be  in  the  usual  body-type  used  for  advertisements. 

(2)  For  the  publication  of  citations  in  contests  or  hearings  involving  the  character 
of  lands,  the  charges  shall  not  exceed  eight  dollars  for  five  publications  in  weekly 
newspapers,  or  ten  dollars  for  publications  in  daily  newspapers  for  thirty  days. 

98.  The  surveyors  general  of  the  several  districts  will,  in  pursuance  of  said  law,  ap- 
point in  each  land  district  as  many  competent  deputies  for  the  survey  of  mining  claims 
as  may  seek  such  appointment ;  it  being  distinctly  understood  that  all  expenses  of 
these  notices  and  surveys  are  to  be  borne  by  the  mining  claimants  and  not  by  the 
United  States  ;  the  system  of  making  deposits  for  mineral  surveys,  as  required  by  pre- 
vious instructions,  being  hereby  revoked  as  regards  field  work  ;  the  claimant  having 
the  option  of  employing  any  deputy  surveyor  within  such  district  to  do  his  work  in 
the  field. 

99-  With  regard  to  the  platting  of  the  claim  and  other  office  uwrk  in  the  surveyor- 
general's  office,  that  officer  will  make  an  estimate  of  the  cost  thereof,  which  amount 


24  UNITED  STATES  MINING  LAWS 

the  claimant  will  deposit  with  any  assistant  United  States  treasurer  or  designated  de- 
pository in  favor  of  the  United  States  Treasurer,  to  be  passed  to  the  credit  of  the  fund 
created  by  "  individual  depositors  for  surveys  of  the  public  lands,"  and  file  with  the 
surveyor-general  duplicate  certificates  of  such  deposit  in  the  usual  manner. 

100.  The  surveyors-general  will  endeavor  to  appoint  mineral  deputy  surveyors,  so 
that  one  or  more  may  be  located  in  each  mining  district  for  the  greater  convenience 
of  miners. 

101.  The  usual  oaths  will  be  required  of  these  deputies  and  their  assistants  as  to 
the  correctness  of  each  survey  executed  by  them. 

The  duty  of  the  deputy  mineral  surveyor  ceases  when  he  has  executed  the  survey 
and  returned  the  field  notes  and  preliminary  plat  thereof  with  his  report  to  the  sur- 
veyor-general. He  will  not  be  allowed  to  prepare  for  the  mining  claimant  the  papers 
in  support  of  an  application  for  patent,  or  otherwise  perform  the  duties  of  an  attorney 
before  the  land  office  in  connection  with  a  mining  claim. 

The  surveyors-general  and  local  land  officers  are  expected  to  report  any  infringe- 
ment of  this  regulation  to  this  office. 

102.  The  law  requires  that  each  applicant  shall  file  with  the  register  and  receiver  a 
sworn  statement  of  all  charges  and  fees  paid  by  him  for  publication  of  notice  and  for 
survey,  together  with  all  fees  and  money  paid  the  register  and  receiver,  which  sworn 
statement  is  required  to  be  transmitted  to  this  office  for  the  information  of  the  Com- 
missioner. 

103.  Should  it  appear  that  excessive  or  exorbitant  charges  have  been  made  by  any 
surveyor  or  any  publisher,  prompt  action  will  be  taken  with  the  view  of  correcting  the 
abuse. 

104.  The  fees  payable  to  the  register  and  receiver  for  filing  and  acting  upon  appli- 
cations for  mineral-land  patents  are  five  dollars  to  each  officer,  to  be  paid  by  the  ap- 
plicant for  patent  at  the  time  of  filing,  and  the  like  sum  of  five  dollars  is  payable  to 
each  officer  by  an  adverse  claimant  at  the  time  of  filing  his  claim.     (Sec.  2238,  R.  S., 
paragraph  9.) 

105.  All  fees  or  charges  under  this  law  may  be  paid  in  United  States  currency. 

Affidavits — Hearings  to  Establish  the  Character  of  Lands. 

UNITED  STATES  LAW. — SEC.  2335.  All  affidavits  required  to  be 
made  under  this  chapter  may  be  verified  before  any  officer  authorized 
to  administer  oaths  within  the  land-district  where  the  claims  may  be 
situated,  and  all  testimony  and  proofs  may  be  taken  before  any  such 
officer,  and,  when  duly  certified  by  the  officer  taking  the  same,  shall 
have  the  same  force  and  effect  as  if  taken  before  the  register  and  receiver 
of  the  land-office.  In  cases  of  contest  as  to  the  mineral  or  agricultural 
character  of  land,  the  testimony  and  proofs  may  be  taken  as  herein 
provided  on  personal  notice  of  at  least  ten  days  to  the  opposing  party ; 
or  if  such  party  cannot  be  found,  then  by  publication  of  at  least  once 
a  week  for  thirty  days  in  a  newspaper,  to  be  designated  by  the  register 
of  the  land-office  as  published  nearest  to  the  location  of  such  land  ;  and 
the  register  shall  require  proof  that  such  notice  has  been  given. 

LAND  OFFICE  REGULATIONS. — 108.  The  "  Rules  of  Practice  in  cases  before  the 
United  States  district  land  offices,  the  General  Land  Office,  and  the  Department  of  the 
Interior,"  approved  August  13,  1885,  will,  as  far  as  applicable,  govern  in  all  cases 
and  proceedings  ar.*.>ng  in  contests,  and  hearings  to  determine  the  mineral  or  non-min- 
eral character  of  la<t>s. 


AND  REGULATIONS  THEREUNDER.  25 

109.  The  only  tracts  of  public  land  that  will  be  withheld  from  entry  as  agricultural 
land  on  account  of  its  mineral  character,  will  be  such  as  are  returned  by  the  surveyor- 
general  as  mineral ;  and  even  the  presumption  which  is  supported  by  such  return  may 
be  overcome  by  testimony  taken  at  a  regular  hearing. 

no.  Hearings  to  determine  the  character  of  land,  as  practically  distinguished,  are 
of  two  kinds  : 

(1)  Where  lands  which  are  sought  to  be  entered  and  patented  as  agricultural  are 
alleged  by  affidavit  to  be  mineral,  or  when  sought  as  mineral  their  non-mineral  charac- 
ter is  alleged. 

The  proceedings  relative  to  this  class  are  in  the  nature  of  a  contest  between  two 
or  more  known  parties. 

(2)  When  lands  are  returned  as  mineral  by  the  surveyor-general. 

When  such  lands  are  sought  to  be  entered  as  agricultural,  notice  must  be  given  by 
publication  for  thirty  days,  with  posting  in  the  local  office  for  the  same  period. 

in.  At  the  hearings  under  either  of  the  afoiesaid  classes,  the  claimants  and  wit- 
nesses will  be  thoroughly  examined  with  regard  to  the  character  of  the  land ;  whether 
the  same  has  been  thoroughly  prospected ;  whether  or  not  there  exists  within  the  tract 
or  tracts  claimed  any  lode  or  vein  of  quartz  or  other  rock  in  place,  bearing  gold,  silver, 
cinnabar,  lead,  tin,  or  copper,  or  other  valuable  deposit  which  has  ever  been  claimed, 
located,  recorded,  or  worked  ;  whether  such  work  is  entirely  abandoned,  or  whether 
occasionally  resumed;  if  such  lode  does  exist,  by  whom  claimed,  under  what  desig- 
nation, and  in  which  subdivision  of  the  land  it  lies ;  whether  any  placer  mine  or 
mines  exist  upon  the  land ;  if  so,  what  is  the  character  thereof — whether  of  the  shal- 
low-surface description,  or  of  the  deep  cement,  blue  lead  or  gravel  deposits  ;  to  what 
txtent  mining  is  carried  on  when  water  can  be  obtained,  and  what  the  facilities  are 
for  obtaining  water  for  mining  purposes ;  upon  what  particular  ten -acre  subdivisions 
mining  has  been  done,  and  at  what  time  the  land  was  abandoned  for  mining  purposes, 
if  abandoned  at  all. 

112.  The  testimony  should  also  show  the  agricultural  capacities  of  the  land,  what 
kind  of  crops  are  raised  thereon,  and  the  value  thereof;  the  number  of  acres  actually 
cultivated  for  crops  of  cereals  or  vegetables,  and  within  which  particular  ten-acre  sub- 
division such  crops  are  raised  ;  also  which  of  these  subdivisions  embrace  the  improve- 
ments, giving  in  detail  the  extent  and  value  of  the  improvements,  such  as  house,  barn, 
vineyard,  orchard,  fencing,  etc.,  and  mining  improvements. 

113.  The  testimony  should  be  as  full  and  complete  as  possible  ;  and  in  addition  to 
the  leading  points  indicated  above,  where  an  attempt  is  made  to  prove  the  mineral 
character  of  lands   which  have  been  entered  under  the  agricultural  laws,  it  should 
show  at  what  date,  if  at  all,  valuable  deposits  of  mineral  were  first  known  to  exist  on 
the  lands. 

1 14.  When  the  case  comes  before  this  office,  such  decision  will  be  made  as  the  law 
and  the  facts  may  justify  ;  and  in  cases  where  a  survey  is  necessary  to  set  apart  the 
mineral  from  the  agricultural  land,  the  necessary  instructions  will  be  given  to  enable 
the  proper  party,  at  his  own  expense,  to  have  the  work  done,  at  his  option,  either  by 
United  States  deputy,  county,  or  other  local  surveyor ;  the  surveyor  in  such  case, 
where  the  claims  to  be  segregated  are  vein  or  lode  claims,  must  be  executed  in  such 
manner  as  will  conform  to  the  requirements  in  section  2320,  U.  S.  Revised  Statutes, 
as  to  length  and  width  and  parallel  end  lines. 

115.  Such  survey  when  executed  must  be  properly  sworn  to  by  the  surveyor,  either 
before  a  notary  public,  officer  of  a  court  of  record,  or  before  the  register  or  receiver, 


26  UNITED  STATES  MINING  LAWS 

the  deponent's  character  and  credibility  to  be  properly  certified  to  by  the  officer  ad- 
ministering the  oath. 

116.  Upon  the  filing  of  the  plat  and  field  notes  of  such  survey,  duly  sworn  to  as 
aforesaid,  you  will  transmit  the  same  to  the  surveyor-general  for  his  verification  and 
approval ;  who  if  he  finds  the  work  correctly  performed,  will  properly  mark  out  the 
same  upon  the  original  township  plat  in  his  office,  and  furnish  authenticated  copies  of 
such  plat  and  description  both  to  the  proper  local  land  office  and  to  this  office,  to  be 
affixed  to  the  duplicate  and  triplicate  township  plats  respectively. 

117.  With  the  copy  of  plat  and  description  furnished  the  local  office  and  this  office, 
must  be  a  diagram  tracing,  verified  by  the  surveyor-general,  showing  the  claim  or 
claims  segregated,  and  designating  the  separate  fractional  agricultural  tracts  in  each 
4<D-acre  legal  subdivision  by  the  proper  lot  number,  beginning  with  No.  I  in  each  sec- 
tion, and  giving  the  area  in  each  lot,  the  same  as  provided  in  paragraph  45,  in  the 
survey  of  mining  claims  on  surveyed  lands. 

118.  The  fact  that  a  certain  tract  of  land  is  decided  upon  testimony  to  be  mineral 
in  character  is  by  no  means  equivalent  to  an  award  of  the  land  to  a  miner.     A  miner 
is  compelled  by  law  to  give  sixty  days'  publication  of  notice,  and  posting  of  diagrams 
and  notices,  as  a  preliminary  step;  and  then,  before  he  can  enter  the  land,  he  must 
show  that  the  land  yields  mineral ;  that  he  is  entitled  to  the  possessory  right  thereto  in 
virtue  of  compliance  with  local  customs  or  rules  of  miners,  or  by  virtue  of  the  statute 
of  limitations ;  that  he  or  his  grantors  have  expended,  in  actual  labor  and  improve- 
ments, an  amount  of  not  less  than  five  hundred  dollars  thereon,  and  that  the  claim 
is  one  in  regard  to  which  there  is  no  controversy  or  opposing  claim.     After  all  these 
proofs  are  met,  he  is  entitled  to  have  a  survey  made  at  his  own  cost  where  a  survey  is 
required,  after  which  he  can  enter  and  pay  for  the  land  embraced  by  his  claim. 

119.  Blank  forms  for  proofs  in  mineral  cases  are  not  furnished  by  the  General  Laud 
Office. 

Mill-sites. 

UNITED  STATES  LAW. — SEC.  2337.  Where  non-mineral  land  not  con- 
tiguous to  the  vein  or  lode  is  used  or  occupied  by  the  proprietor  of 
such  vein  or  lode  for  mining  or  milling  purposes,  such  non-adjacent 
surface-ground  may  be  embraced  and  included  in  an  application  for  a 
patent  for  such  vein  or  lode,  and  the  same  may  be  patented  therewith, 
subject  to  the  same  preliminary  requirements  as  to  survey  and  notice  as 
are  applicable  to  veins  or  lodes;  but  no  location  hereafter  made  of  such 
non-adjacent  land  shall  exceed  five  acres,  and  payment  for  the  same 
must  be  made  at  the  same  rate  as  fixed  by  this  chapter  for  the  super- 
ficies of  the  lode.  The  owner  of  a  quartz  mill  or  reduction-works, 
not  owning  a  mine  in  connection  therewith,  may  also  receive  a  patent 
for  his  mill  site,  as  provided  in  this  section. 

LAND  OFFICE  REGULATIONS. — 65.  To  avail  themselves  of  this  provision  of  law,  par- 
lies holding  the  possessory  right  to  a  vein  or  lode,  and  to  a  piece  of  non-mineral  land  not 
contiguous  thereto,  for  mining  or  milling  purposes,  not  exceeding  the  quantity  allowed 
for  such  purpose  by  section  2337,  United  States  Revised  Statutes,  or  prior  laws,  un- 
der which  the  land  was  appropriated,  the  proprietors  of  such  vein  or  lode  may  file  in 
the  proper  land-office  their  application  for  a  patent,  under  oath,  in  manner  already  set 
forth  herein,  which  application,  together  with  the  plat  and  field-notes,  may  include,  em- 
brace, and  describe,  in  addition  to  the  vein  or  lode,  such  non-contiguous  mill-site,  and 
after  due  proceedings  as  to  notice,  etc.,  a  patent  will  be  issued  conveying  the  same  as 
one  claim. 


AND  REGULATIONS  THEREUNDER.  27 

66.  In  making  a  survey  in  a  case  of  this  kind,  the  lode  claim  should  be  described 
in  the  plat  and  field-notes  as  "  Sur.  No.  37,  A,"  and  the  mill-site  as  "  Sur.  No.  37, 
B,"  or  whatever  may  be  its  appropriate  numerical  designation ;  the  course  and  dis- 
tance from  a  corner  of  the  mill-site  to  a  corner  of  the  lode  claim  to  be  invariably  given 
in  such  plat  and  field -notes,  and  a  copy  of  the  plat  and  notice  of  application  for  patent 
must  be  conspicuously  posted  upon  the  mill-site  as  well  as  upon  the  vein  or  lode  for 
the  statutory  period  of  sixty  days.     In  making  the  entry  no  separate  receipt  or  certifi- 
cate need  be  issued  for  the  mill-site,  but  the  whole  area  of  both  lode  and  mill -site  will 
be  embraced  in  one  entry,  the  price  being  five  dollars  for  each  acre  and  fractional 
part  of  an  acre  embraced  by  such  lode  and  mill- site  claim. 

67.  In  case  the  owner  of  a  quartz  mill  or  reduction-works  is  not  the  owner  or  claim- 
ant of  a  vein  or  lode,  the  law  permits  him  to  make  application  therefor  in  the  same 
manner  prescribed  herein  for  mining  claims,  and  after  due  notice  and  proceedings,  in 
the  absence  of  a  valid  adverse  filing,  to  enter  and  receive  a  patent  for  his  mill-site  at 
said  price  per  acre. 

68.  In  every  case  there  must  be  satisfactory  proof  that  the  land  claimed  as  a  mill- 
site  is  not  mineral  in  character,  which  proof  may,  where  the  matter  is  unquestioned, 
consist  of  the  sworn  statement  of  two  or  more  persons  capable  from  acquaintance  with 
the  land  to  testify  understandingly. 

Water  Rights. 

UNITED  STATES  LAW. — SEC.  2339.  Whenever,  by  priority  of  posses 
sion,  rights  to  the  use  of  water  for  mining,  agricultural,  manufacturing, 
or  other  purposes,  have  vested  and  accrued,  and  the  same  are  recog 
nized  and  acknowledged  by  the  local  customs,  laws,  and  decisions 
of  courts,  the  possessors  and  owners  of  such  vested  rights  shall  be 
maintained  and  protected  in  the  same  ;  and  the  right  of  way  for  the 
construction  of  ditches  and  cabals  for  the  purposes  herein  specified  is 
acknowledged  and  confirmed  ;  but  whenever  any  person,  in  the  con- 
struction of  any  ditch  or  canal,  injures  or  damages  the  possession  of 
any  settler  on  the  public  domain,  the  party  committing  such  injury  or 
damage  shall  be  liable  to  the  party  injured  for  such  injury  or  damage. 

SEC.  2340.  All  patents  granted,  or  pre  emption  or  homesteads 
allowed,  shall  be  subject  to  any  vested  and  accrued  water-rights,  or 
rights  to  ditches  and  reservoirs,  used  in  connection  with  such  water- 
rights,  as  may  have  been  acquired  under  or  recognized  by  the  preced 
ing  section. 

SEC.  17.  ACT  OF  CONGRESS  MARCH  3,  1891. — An  act  to  repeal 
timber  culture  laws  and  for  other  purposes.  That  reservoir  sites  located 
or  selected  and  to  be  located  and  selected  under  the  provisions  of  "  An 
act  making  appropriations  for  sundry  civil  expenses  of  the  govern- 
ment for  the  fiscal  year  ending  June  30,  1889,  and  for  other  pur- 
poses," and  amendments  thereto,  shall  be  restricted  to  and  shall  contain 
only  so  much  land  as  is  actually  necessary  for  the  construction  and  main- 
tenance of  reservoirs ;  excluding  so  far  as  practicable  lands  occupied 
by  actual  settlers  at  the  date  of  the  location  of  said  reservoirs,  and 
that  the  provision  of  "An  act  making  appropriations  for  sundry 
civil  expenses  of  the  government  for  the  fiscal  year  ending  June  30, 
1891,  and  for  other  purposes,"  which  reads  as  follows,  namely  :  "  No 
person  who  shall,  after  the  passage  of  this  act,  enter  upon  any  of  the 
public  lands  with  a  view  to  occupation,  entry,  or  settlement  under  any 


28  UNITED  STATES  MINING  LAWS 

of  the  land  laws,  shall  be  permitted  to  acquire  title  to  more  than  320 
acres  in  the  aggregate  under  all  said  laws,"  shall  be  construed  to  include 
in  the  maximum  amount  of  lands  the  title  to  which  is  permitted  to  be 
acquired  by  one  person  only  agricultural  lands,  and  not  to  include 
lands  entered  or  sought  to  be  entered  under  mineral  land  laws. 

SEC.  18.  That  the  right  of  way  through  the  public  lands  and  reser- 
vations of  the  United  States  is  hereby  granted  to  any  canal  or  ditch 
company,  formed  for  the  purpose  of  irrigation  and  duly  organized 
under  the  laws  of  any  State  or  Territory,  -which  shall  have  filed,  or 
may  hereafter  file,  with  the  Secretary  of  the  Interior,  a  copy  of  its 
articles  of  incorporation,  and  due  proofs  of  its  organization  under  the 
same,  to  the  extent  of  the  ground  occupied  by  the  water  of  the  reser- 
voir, and  of  the  canal  and  its  laterals,  and  50  feet  on  each  side  of  the 
marginal  limits  thereof;  also  the  right  to  take  from  the  public  lands 
adjacent  to  the  line  of  the  canal  or  ditch,  material,  earth,  and  stone 
necessary  for  the  construction  of  such  canal  or  ditch  :  Provided,  That 
no  such  right  of  way  shall  be  so  located  as  to  interfere  with  the  proper 
occupation  by  the  government  of  any  such  reservation  ;  and  all  maps 
of  location  shall  be  subject  to  the  approval  of  the  department  of  the 
government  having  jurisdiction  of  such  reservation,  and  the  privilege 
herein  granted  shall  not  be  construed  to  interfere  with  the  control  of 
water  for  irrigation  and  other  purposes  under  authority  of  the  respect- 
ive States  or  Territories. 

SEC.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the 
benefits  of  this  act  shall,  within  twelve  months  after  the  location  of  10 
miles  of  its  canal,  if  the  same  be  upon  surveyed  lands,  and  if  upon  un^ 
surveyed  lands,  within  twelve  months  after  the  survey  thereof  by  the 
United  States,  file  with  the  register  of  the  land  office  for  the  district 
where  such  land  is  located  a  map  of  its  canal  or  ditch  and  reservoir ; 
and  upon  the  approval  thereof  by  the  Secretary  of  the  Interior  the 
same  shall  be  noted  upon  the  plats  in  said  office,  and  thereafter  all  such 
lands  over  which  such  rights  of  way  shall  pass  shall  be  disposed  of 
subject  to  such  right  of  way.  Whenever  any  person  or  corporation, 
in  the  construction  of -any  canal,  ditch,  or  reservoir,  injures  or  dam- 
ages the  possession  of  any  settler  on  the  public  domain,  the  party  com- 
mitting such  injury  or  damage  shall  be  liable  to  the  party  injured  for 
such  injury  or  damage. 

SEC.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals, 
ditches,  or  reservoirs,  heretofore  or  hereafter  constructed,  whether 
constructed  by  corporations,  individuals,  or  associations  of  individuals, 
on  the  filing  of  the  certificates  and  maps  herein  provided  for.  If  such 
ditch,  canal  or  reservoir  has  been  or  shall  be  constructed  by  an  indi- 
vidual or  association  of  individuals  it  shall  be  sufficient  for  such  indi- 
vidual or  association  of  individuals  to  file  with  the  Secretary  of  the  In- 
terior, and  with  the  register  of  the  land  office  where  said  land  is  located, 
a  map  of  the  line  of  such  canal,  ditch  or  reservoir,  as  in  case  of  a  cor- 
poration, with  the  name  of  the  individual  owner  or  owners  thereof, 
together  with  the  articles  of  association,  if  any  there  be.  Plats  here- 
tofore .filed  shall  have  the  benefits  of  this  act  from  the  date  of  their 
filing,  as  though  filed  under  it :  Provided,  That  if  any  section  of  said 
canal  or  ditch  shall  not  be  completed  within  five  years  after  the  location 


AND  REGULATIONS  THEREUNDER.  29 

of  said  section,  the  rights  herein  granted  shall  be  forfeited  as  to  any 
uncompleted  section  of  said  canal,  ditch,  or  reservoir,  to  the  extent 
that  the  same  is  not  completed  at  the  date  of  the  forfeiture. 

SEC.  23.  That  nothing  in  this  act  shall  authorize  such  canal  or  ditch 
company  to  occupy  such  right  of  way  except  for  the  purpose  of  said 
canal  or  ditch,  and  then  only  so  far  as  may  be  necessary  for  the  con- 
struction, maintenance,  and  care  of  said  canal  or  ditch. 

ACT  OF  CONGRESS  OF  AUGUST-  30,  1890. — An  Act  making  appro- 
priations for  sundry  civil  expenses  of  the  Government  for  the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and  ninety-one,  and  for 
other  purposes. 

Be  it  enacted,  etc.  No  person  who  shall,  after  the  \  assage  of  this  act, 
enter  upon  any  of  the  public  lands  with  a  view  to  occupation,  entry,  or 
settlement  under  any  of  the  land  laws  shall  be  permitted  to  acquire  title 
to  more  than  three  hundred  and  twenty  acres  in  the  aggregate,  under  all 
of  said  laws  [except  mineral  lands — Editor.],  but  this  limitation  shall  not 
operate  to  curtail  the  right  of  any  person  who  has  heretofore  made 
entry  or  settlement  on  the  public  lands,  or  whose  occupation,  entry,  or 
settlement  is  validated  by  this  act:  Provided,  That  in  all  patents  for 
lands  hereafter  taken  up  under  any  of  the  land  laws  of  the  United 
States  or  on  entries  or  claims  validated  by  this  act,  west  of  the  one 
hundredth  meridian,  it.  shall  be  expressed  that  there  is  reserved  from 
the  lands  in  said  patent  described  a  right  of  way  thereon  for  ditches  or 
canals  constructed  by  the  authority  of  the  United  States.  *  * 

Townsites  on  Mineral  Lands. 

UNITED  STATES  LAW. — SEC.  2386.  Where  mineral  veins  are  pos- 
sessed, which  possession  is  recognized  by  local  authority,  and  to  the 
extent  so  possessed  and  recognized,  the  title  to  town-lots  to  be  ac- 
quired shall  be  subject  to  such  recognized  possession  and  the  necessary 
use  thereof;  but  nothing  contaiu^I  I.i  thi°  secfjcn  shall  be  so  construed 
as  to  recognize  any  color  of  title  in  possessors  for  mining  purposes,  as 
against  the  United  States. 

ACT  OF  CONGRESS  OF  MARCH  3,  1891. — An  Act  to  repeal  timber- 
culture  laws,  and  for  other  purposes. 

SEC.  1 6.  That  townsite  entries  may  be  made  by  incorporated  towns 
and  cities  on  the  mineral  lands  of  the  United  States,  but  no  title  shall 
be  acquired  by  such  towns  or  cities  to  any  vein  of  gold,  silver,  cinna- 
bar, copper,  or  lead,  or  to  any  valid  mining  claim  or  possession  held 
under  existing  law.  When  mineral  veins  are  possessed  within  the 
limits  of  an  incorporated  town  or  city,  and  such  possession  is  recog- 
nized by  local  authority  or  by  the  laws  of  the  United  States,  the  title  to 
town  lots  shall  be  subject  to  such  recognized  possession  and  the  neces- 
sary use  thereof  and  when  entry  has  been  made  or  patent  issued  for  such 
townsites  to  such  incorporated  town  or  city,  the  possessor  of  such  min- 
eral vein  may  enter  and  receive  patent  for  such  mineral  vein,  and  the 
surface  ground  appertaining  thereto  :  Provided,  That  no  entry  shall  be 
made  by  such  mineral-vein  claimant  for  surface  ground  where  the 
owner  or  occupier  of  the  surface  ground  shall  have  had  possession  of 
the  same  before  the  inception  of  the  title  of  the  mineral- vein  applicant. 


30  UNITED  STATES  MINING  LAWS 

Easements. 

UNITED  STATES  LAW. — SEC.  2338.  As  a  condition  of  sale,  in  the 
absence  of  necessary  legislation  by  Congress,  the  local  legislature  of 
any  state  or  territory  may  provide  rules  for  working  mines,  involving 
easements,  drainage,  and  other  necessary  means  to  their  complete  de 
velopment ;  and  those  conditions  shall  be  fully  expressed  in  the  patent. 

Homestead  and  Pre-emption  Claims. 

UNITED  STATES  LAW.— SEC.  2341.  Wherever,  upon  the  lands  here- 
tofore designated  as  mineral  lands,  which  have  been  excluded  from 
survey  and  sale,  there  have  been  homesteads  made  by  citizens  of  the 
United  States,  or  persons  who  have  declared  their  intention  to  become 
citizens,  which  homesteads  have  been  made,  improved,  and  used  for 
agricultural  purposes,  and  upon  which  there  have  been  no  valuable 
mines  of  gold,  silver,  cinnabar,  or  copper  discovered,  and  which  are 
properly  agricultural  lands,  the  settlers  or  owners  of  such  homesteads 
shall  have  a  right  of  pre-emption  thereto,  and  shall  be  entitled  to  pur- 
chase the  same  at  the  price  of  one  dollar  and  twenty-five  cents  per 
acre,  and  in  quantity  not  to  exceed  one  hundred  and  sixty  acres ;  or 
they  may  avail  themselves  of  the  provisions  of  chapter  five  of  this  Title, 
relating  to  "HOMESTEADS." 

SEC.  2342.  Upon  the  survey  of  the  lands  described  in  the  preceding 
section,  the  Secretary  of  the  Interior  may  designate  and  set  apart  such 
portions  of  the  same  as  are  clearly  agricultural  lands,  which  lands  shall 
thereafter  be  subject  to  pre-emption  and  sale  as  other  public  lands,  and 
be  subject  to  all  the  laws  and  regulations  applicable  to  the  same. 

Certain  States  Excepted. 

UNITED  STATES  LAW. — SEC.  2345.  The  provisions  of  the  preceding 
sections  of  this  chapter  shall  not  apply  to  the  mineral  lands  situated  in 
the  States  of  Michigan,  Wisconsin,  and  Minnesota,  which  are  declared 
free  and  open  to  exploration  and  purchase,  according  to  legal  subdi- 
visions, in  like  manner  as  before  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two.  And  any  bona  fide  entries  of  such  lands  within 
the  States  named  since  the  tenth  of  May,  eighteen  hundred  and  sev- 
enty-two, may  be  patented  without  reference  to  any  of  the  foregoing 
provisions  of  this  chapter.  Such  lands  shall  be  offered  for  public  sale 
in  the  same  manner,  at  the  same  minimum  price,  and  under  the  same 
rights  of  pre-emption,  as  other  public  lands. 

ACT  OF  CONGRESS  OF  MAY  5,  1876. — An  Act  to  exclude  the  States 
of  Missouri  and  Kansas  from  the  provisions  of  the  act  of  Congress  en- 
titled "An  act  to  promote  the  development  of  the  mining  resources  of 
the  United  States,"  approved  May  tenth,  eighteen  hundred  and  sev- 
enty-two. 

Be  it  enacted,  etc.,  That-  within  the  States  of  Missouri  and  Kansas  de- 
posits of  coal,  iron,  lead,  or  other  mineral  be,  and  they  are  hereby  ex- 
cluded from  the  operation  of  the  act  entitled  "An  act  to  promote  the 
development  of  the  mining  resources  of  the  United  States,"  approved 
May  tenth,  eighteen  hundred  and  seventy-two,  and  all  lands  in  said 
States  shall  be  subject  to  disposal  as  agricultural  lands. 


AND  REGULATIONS  THEREUNDER.  3! 

ACT  OF  CONGRESS  OF  MARCH  3,  1883.—  An  Act  to  exclude  the  pub 
lie  lands  in  Alabama  from  the  operation  of  the  laws  relating  to  mineral 
lands. 

Be  it  enacted,  etc. ,  That  within  the  State  of  Alabama  all  public  lands, 
whether  mineral  or  otherwise,  shall  be  subject  to  disposal  only  as  agri- 
cultural lands :  Provided,  however,  That  all  lands  which  have  hereto- 
fore been  reported  to  the  General  Land  Office  as  containing  coal  and 
iron  shall  first  be  offered  at  public  sale :  And  provided  further,  That  any 
bona  fide  entry  under  the  provisions  of  the  homestead  law  of  lands 
within  said  State  heretofore  made  may  be  patented  without  reference 
to  an  act  approved  May  tenth,  eighteen  hundred  and  seventy-two,  en- 
titled, "  An  act  to  prornpte  the  development  of  the  mining  resources 
of  the  United  States,"  in  cases  where  the  persons  making  application 
for  such  patents  have  in  all  other  respects  complied  with  the  home- 
stead law  relating  thereto. 

ALASKA. 

ACT  OF  CONGRESS  OF  MAY  17,  1884.  An  Act  providing  a  civil 
government  for  Alaska. 

SEC.  8.  That  the  said  district  of  Alaska  is  hereby  created  a  land  dis- 
trict, and  a  United  States  land  office  for  said  district  is  hereby  located 
at  Sitka.  The  commissioner  provided  for  by  this  act  to  reside  at 
Sitka  shall  be  ex-officio  register  of  said  land  office,  and  the  clerk  pro- 
vided for  by  this  act  shall  be  ex-officio  receiver  of  public  moneys,  and 
the  marshal  provided  for  by  this  act  shall  be  ex  officio  surveyor-general 
of  said  district,  and  the  laws  of  the  United  States  relating  to  mining 
claims,  and  the  rights  incident  thereto,  shall,  from  and  after  the  pas- 
sage of  this  act,  be  in  full  force  and  effect  in  said  district,  under  the 
administration  thereof  herein  provided  for,  subject  to  such  regulations 
as  may  be  made  by  the  Secretary  of  the  Interior,  approved  by  the 
President:  Provided,  That  the  Indians  or  other  persons  in  said  dis- 
trict shall  not  be  disturbed  in  the  possession  of  any  lands  actually  in 
their  use  or  occupation  or  now  claimed  by  them,  but  the  terms  under 
which  such  persons  may  acquire  title  to  such  lands  is  reserved  for 
future  legislation  by  Congress :  And  provided  further,  That  parties  who 
have  located  mines  or  mineral  privileges  therein  under  the  laws  of 
the  United  States  applicable  to  the  public  domain,  or  who  have  oc- 
cupied and  improved  or  exercised  acts  of  ownership  over  such  claims, 
shall  not  be  disturbed  therein,  but  shall  be  allowed  to  perfect  their 
title  to  such  claims  by  payment  as  aforesaid :  And  provided  also,  That 
the  land  not  exceeding  six  hundred  and  forty  acres  at  any  station  now 
occupied  as  missionary  stations  among  the  Indian  tribes  in  said  section, 
with  the  improvements  thereon  erected  by  or  for  such  societies,  shall 
be  continued  in  the  occupancy  of  the  several  religious  societies  to 
which  said  missionary  stations  respectively  belong  until  action  by  Con- 
gress.* But  nothing  contained  in  this  act  shall  be  construed  to  put  in 
force  in  said  district  the  general  land  laws  of  the  United  States. 

LAND  OFFICE  REGULATIONS. — 96.  The  administration  of  the  mining  laws  as  pre- 
scribed by  these  regulations  will  be,  so  far  as  applicable,  adopted  for,  and  extended 
to  Alaska. 


32  UNITED  STATES  MIXING  LAWS 

(1)  The  ex-officio  register,  receiver,  and  surveyor-general,  while  acting  as  such,  and 
their  clerks  and  deputy  surveyors,  will  be  deemed  subject  to  the  laws  and  regulations 
governing  the  official  conduct  and  responsibilities  of  similar  officers  and  persons  under 
general  statutes  of  the  United  States. 

(2)  The  Commissioner  of  the  General  Land  Office  will  exercise  the  same  general 
supervision  over  the  execution  of  the  laws  as  are  or  may  be  exercised  by  him  in  other 
mineral  districts. 

Coal  Lands. 

UNITED  STATES  REVISED  STATUTES.— SEC.  2347.  Every  person 
above  the  age  of  twenty-one  years,  who  is  a  citizen  of  the  United 
States,  or  who  has  declared  his  intention  to  become  such,  or  any  asso- 
ciation of  persons  severally  qualified  as  abov*e,  shall,  upon  application 
to  the  Register  of  the  proper  land  office,  have  the  right  to  enter  by 
legal  subdivisions  any  quantity  of  vacant  coal  lands  of  the  United 
States  not  otherwise  appropriated  or  reserved  by  competent  authority, 
not  exceeding  one  hundred  and  sixty  acres  to  such  individual  person, 
or  three  hundred  and  twenty  acres  to  such  association,  upon  payment 
to  the  Receiver  of  not  less  than  ten  dollars  per  acre,  for  such  lands 
where  the  same  shall  be  situated  more  than  fifteen  miles  from  any  com- 
pleted railroad,  and  not  less  than  twenty  dollars  per  acre  for  such 
lands  as  shall  be  within  fifteen  miles  of  such  road. 

SEC.  2348.  Any  person  or  association  of  persons  severally  qualified 
as  above  provided,  who  have  opened  and  improved,  or  shall  hereafter 
open  and  improve  any  coal  mine  or  mines  upon  the  public  lands,  and 
shall  be  in  actual  possession  of  the  same,  shall  be  entitled  to  a  prefer- 
ence-right of  entry  under  the  preceding  section,  of  the  mines  so  opened 
and  improved  :  Provided,  That  when  any  association  of  not  less  than 
four  persons,  severally  qualified  as  above  provided,  shall  have  expended 
not  less  than  five  thousand  dollars  in  working  and  improving  any  such 
mine  or  mines,  such  association  may  enter  not  exceeding  six  hundred 
and  forty  acres,  including  such  mining  improvements. 

SEC.  2349.  All  claims  under  the  preceding  section  must  be  pre- 
sented to  the  Register  of  the  proper  land  district  within  sixty  days  af- 
ter the  date  of  actual  possession  and  the  commencement  of  improve- 
ments on  the  land,  by  the  filing  of  a  declaratory  statement  therefor ; 
but  when  the  township  plat  is  not  on  file  at  the  date  of  such  improve- 
ment, filing  must  be  made  within  sixty  days  from  the  receipt  of  such 
plat  at  the  district  office,  and  where  the  improvements  shall  have  been 
made  prior  to  the  expiration  of  three  months  from  the  third  day  of 
March,  eighteen  hundred  and  seventy-three,  sixty  days  from  the  ex- 
piration of  such  three  months  shall  be  allowed  for  the  filing  of  a  decla- 
ratory statement,  and  no  sale  under  the  provisions  of  this  section  shall 
be  allowed  until  the  expiration  of  six  months  from  the  third  day  of 
March,  eighteen  hundred  and  seventy- three. 

SEC.  2350.  The  three  preceding  sections  shall  be  held  to  authorize 
only  one  entry  by  the  same  person  or  association  of  persons ;  and  no 
association  of  persons,  any  member  of  which  shall  have  taken  the  bene- 
fit of  such  sections,  either  as  an  individual  or  as  a  member  of  any 
other  association,  shall  enter  or  hold  any  other- lands  under  tjie  provi- 
sions thereof;  and  no  member  of  any  association  which  shall  have 


AND  REGULATIONS  THEREUNDER.  33 

taken  the  benefit  of  such  section  shall  enter  or  hold  any  other  lands 
under  their  provisions ;  and  all  persons  claiming  under  section  twenty- 
three  hundred  and  forty-eight  shall  be  required  to  prove  their  respect- 
ive rights  and  pay  for  the  lands  filed  upon  within  one  year  from  the 
time  prescribed  for  filing  their  respective  claims ;  and  upon  failure  to 
file  the  proper  notice  or  to  pay  for  the  land  within  the  required  period, 
the  same  shall  be  subject  to  entry  by  any  other  qualified  applicant. 

SEC.  2351.  In  case  of  conflicting  claims  upon  coal  lands  where  the 
improvements  shall  be  commenced  after  the  third  day  of  March,  eigh- 
teen hundred  and  seventy-three,  priority  of  possession  and  improvement, 
followed  by  proper  filing  and  continued  good  faith,  shall  determine  the 
preference-right  to  purchase.  And  also  where  improvements  have  al- 
ready been  made  prior  to  the  third  day  of  March,  eighteen  hundred 
and  seventy-three,  division  of  the  land  claimed  may  be  made  by  legal 
subdivisions,  to  include  as  near  as  may  be  the  valuable  improvements  of 
the  respective  parties.  The  Commissioner  of  the  General  Land  Office 
is  authorized  to  issue  all  needful  rules  and  regulations  for  carrying  into 
effect  the  provisions  of  this  and  the  four  preceding  sections. 

LAND  OFFICE  REGULATIONS. — Under  the  authority  conferred  by  said  section  2351 
the  following  rules  and  regulations  are  issued  for  carrying  into  effect  the  provisions 
of  said  law : 

1.  Sale  of  coal -lands  is  provided  for— 

By  ordinary  private  entry  under  section  2347. 

By  granting  a  preference  right  of  purchase,  based  on  priority  of  possession  and  im- 
provement, under  section  2348. 

2.  The  land  entered  under  either  section  must  be  by  legal  subdivisions,  as  made  by 
the  regular  United  States  survey.     Entry  is  confined  to  surveyed  lands;  to  such  as 
are  vacant,  not  otherwise  appropriated,  reserved  by  competent  authority,  or  containing 
valuable  minerals  other  than  coal. 

3.  Individuals  and  associations  may  purchase.    If  an  individual,  he  must  be  twenty- 
one  years  of  age  and  a  citizen  of  the  United  States,  or  have  declared  his  intention  to 
become  such  citizen. 

4.  If  an  association  of  persons  each  person  must  be  qualified  as  above. 

5.  A  person  is  not  disqualified  by  the  ownership  of  any  quantity  of  other  land,  nor 
by  having  removed  from  his  own  land  in  the  same  State  or  Territory. 

6.  Any  individual  may  enter  by  legal  subdivisions  as  aforesaid  any  area  not  exceed- 
ing one  hundred  and  sixty  acres. 

7.  Any  association  may  enter  not  to  exceed  three  hundred  and  twenty  acres. 

8.  Any  association  of  not  less  than  four  persons,  duly  qualified,  who  shall  have  ex- 
pended not  less  than  $5,000  in  working  and  improving  any  coal  mine  or  mines,  may 
enter  under  section  2348  not  exceeding  six  hundred  and  forty  acres,  including  such 
mining  improvements. 

9.  One  person  can  have  the  benefit  of  one  entry  or  filing  only.     He  is  disqualified 
by  having  made  such  entry  or  filing  alone  or  as  a  member  of  an  association.     No  en- 
try can  be  allowed  an  association  which  has  in  it  a  single  person  thus  disqualified,  as 
the  law  prohibits  the  entry  or  holding  of  more  than  one  claim  either  by  an  individual 
or  an  association. 

10.  Lands  that  are  sufficiently  valuable  for  gold,  silver,  or  copper  to  prevent  their 
entry  as  agricultural  lands  can  not  be  entered  as  coal- lands;  and  you  will  not  allow 

3 


34 


UNITED  STATES  MINING  LAWS 


any  entry  to  be  made  under  the  above-named  provisions  of  law  of  lands  valuable  for 
their  deposits  of  said  minerals. 

11.  The  present  rules  relative  to  "hearings  to  establish  the  character  of  lands," 
contained  in  General  Land  Office  regulations  of  October  31,  1 88 1,  issued  under  the 
mining  laws,  will,  as  far  as  applicable,  govern  your  action  in  determining  the  charac- 
ter of  lands  sought  to  be  entered  as  coal-lands. 

12.  The  price  per  acre  is  $10  where  the  land  is  situated  more  than  fifteen  miles 
from  any  completed  railroad,  and  $20  per  acre  where  the  land  is  -within  fifteen  miles 
of  such  road.     The  price  of  the  land,  however,  must  be  determined  by  its  distance 
from  a  completed  railroa'd  at  the   date  of  payment  and  entry  irrespective  of  the 
preference-right  of  entry. 

13.  When  application  is  made  to  purchase  coal-land  at  the  rate  of  $10  per  acre  you 
will  in  all  cases  require  satisfactory  proof  that  the  land  applied  for  is  at  date  of  entry 
situated  more  than  fifteen  miles  from  any  completed  railroad.     This  proof  may  con- 
sist of  the  affidavit  of  the  applicant,  or  that  of  his  duly  authorized  agent,  corroborated 
by  the  affidavit  of  some  disinterested  credible  party  showing  personal  knowledge  of 
the  facts. 

14.  Where  the  land  \\zs  partly  within  fifteen  miles  of  such  road  and  in  part  outside 
such  limit,  the  maximum  price  must  be  paid  for  all  legal  subdivisions  the  greater  part 
of  which  lie  within  fifteen  miles  of  such  road. 

15.  The  term  " completed  railroad"  is  held  to  mean  one  which  is  actually  con- 
structed on  the   face  of  the  earth ;  and  lands  within  fifteen  miles  of  any  point  of  a 
railroad  so  constructed  will  be  held  and  disposed  of  at  $20  per  acre. 

1 6.  Any  duly  qualified  person  or  association  must  be  preferred  as  purchasers  of  those 
public  lands  on  which  they  have  opened  and  improved  or  shall  open  and  improve  any 
coal  mine  or  mines,  and  which  they  shall  have  in  actual  possession. 

17.  Possession   by  agent  is  recognized  as  the   possession  of  the  principal     The 
clearest  proof  on  the  point  of  agency  must,  however,  be  required  in  every  case,  and  a 
clearly -defined  possession  must  be  established. 

18.  The  opening  and  improving  of  a  coal  mine,  in  order  to  confer  a  preference- 
right  of  purchase,  must  not  be  considered  as  a  mere  matter  of  form ;  the  labor  ex- 
pended and  improvements  made  must  be  such  as  to  clearly  indicate  the  good  faith  of 
the  claimant. 

19.  These  lands  are  intended  to  be  sold,  where  there  are  adverse  claimants  therefor, 
to  the  party  who,  by  substantial  improvements,  actual  possession,  and  a  reasonable  in- 
dustry, shows  an  intention  to  continue  his  development  of  the  mines,  in  preference  to 
those  who  would  purchase  for  speculative  purposes  only.     With  this  view,  you  will 
require  such  proof  of  compliance  with  the  law,  when  lands  are  applied  for  under  sec- 
tion 2348  by  adverse  claimants,  as  the  circumstances  of  each  case  may  justify. 

20.  In  conflicts  where  improvements  have  been  or  shall  hereafter  be  commenced, 
priority  of  possession  and  improvement  shall  govern  the  award  when  the  law  has  been 
fully  complied  with  by  each  party.     A  mere  possession,  however,  without  satisfactory 
improvements,  will  not  secure  the  tract  to  the  first  occupant  when  a  subsequent  claim- 
ant shows  his  full  compliance  with  the  law. 

21.  After  an  entry  has  been  allowed  to  one  party,  you  will  make  no  investigation 
concerning  it  at  the  instance  of  any  person  except  on  instructions  from  this  office. 
You  will,  however,  receive  all  affidavits  concerning  such  case  and  forward  the  same  to 
this  office,  accomp0--uec  by  a  statement  of  the  facts  as  shown  by  your  records. 

22.  Prior  to  entry  it  is  competent  for  you  to  order  an  investigation,  on  sufficient 


AND  REGULATIONS  THEREUNDER. 


35 


grounds  set  forth  under  oath  of  a  party  in  interest  and  substantiated  by  the  affidavits 
of  disinterested  and  credible  witnesses. 

MANNER    OF    OBTAINING   TITLE. 

23.  When  title  is  sought  "by  private  entry  the  party  will  himself  make  oath  to  the 
following  application,  which  must  be  presented  to  the  register : 

I, ,  hereby  apply,  under  the  provisions  of  the  Revised  Statutes  of  the  United  States 

relating  to  the  sale  of  coal-lands  of  the  United  States,  to  purchase  the quarter  of  section , 

in  township ,  of  range ,  in  the  district  of  lands  subject  to  sale  at  the  land  office  at , 

and  containing acres ;   and  I  solemnly  swear  that  no  portion  of  said  tract  is  in  the  possession 

of  any  other  party ;  that  I  am  twenty-one  years  of  age,  a  citizen  of  the  United  States  (or  have  de- 
clared my  intention  to  become  a  citizen  of  the  United  States),  and  have  never  held  nor  purchased 
lands  under  said  act,  either  as  an  individual  or  as  a  member  of  an  association  ;  and  I  do  further  swear 
that  I  am  well  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal 
subdivision  thereof,  having  frequently  passed  over  the  same;  that  my  knowledge  of  said  land  is  such 
as  to  enable  me  to  testify  understandingly  with  regard  thereto;  that  said  land  contains  large  deposits 
of  coal  and  is  chiefly  valuable  therefor;  that  there  is  not  to  my  knowledge  within  the  limits  thereof 
any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is 
not  within  the  limits  of  said  land,  to  my  knowledge,  any  valuable  deposit  of  gold,  silver,  or  copper. 
So  help  me  God. 

24.  Thereupon  the  register  if  the  tract  is  vacant  will  so  certify  to  the  receiver,  stat- 
ing the  price,  and   the   applicant  or  his  duly   authorized   agent   must  then  pay  the 
amount  of  purchase  money. 

25.  The  receiver  will  then  issue  to  the  purchaser  a  duplicate  receipt,  and  at  the 
close  of  the  month  the  register  and  receiver  will  make  returns  of  the  sale  to  the  Gen- 
eral Land  Office,  from  whence,  when  the  proceedings  are  found  regular,  a  patent  or 
complete  title  will  be  issued ;   and  on  surrender  of  the  duplicate  receipt  such  patent 
will  be  delivered,  at  the  option  of  the  patentee,  either  by  the  Commissioner  at  Wash- 
ington or  by  the  register  at  the  district  land  office. 

26.  This  disposition  at  private  entry  will  be  subject  to  any  valid  prior  adverse  right 
which  may  have  attached  to  the  same  land  and  which  is  protected  by  section  2348. 

27.  Second.  When  the  application  to  purchase  is  based  on  a  priority  of  possession, 
&c.,  as  provided  for  in  section  2348,  the  claimant  must,  when  the  township  plat  is  on 
file  in  your  office,  tile  his  declaratory  statement  for  the  tract  claimed  sixty  days  from 
and  after  the  first  day  of  his  actual  possession,  and  improvement.     Sixty  days,  exclus- 
ive of  the  first  day  of  possession,  &c.,  must  be  allowed. 

28.  The  declaratory  statement  must  be  substantially  as  follows,  to  wit : 

I ,  do  solemnly  swear  that  I  am  years  of  age,  and   a  citizen  of  the  United 

States  (or  have  declared  my  intention  to  become  a  citizen  of  the  United  States),  that  I  never  have, 
either  as  an  individual  or  as  a  member  of  an  association,  held  or  purchased  any  coal-lands  under  the 
provisions  of  the  Revised  Statutes  of  the  United  States  relating  to  the  sale  of  coal-lands  of  the  United 

States,  and  I  do  hereby  declare  my  intention  to  purchase,  under  the  provisions  aforesaid,  the  — • 

quarter  of  section ,  in  township ,  of  range ,  of  lands  subject  to  sale  at  the  district 

land  office  at ,  and  that  I  came  into  possession  of  said  tract  on  the  — —  day  of ,  A.  D. 

18 — ,  and  have  ever  since  remained  in  actual  possession  continuously ;  that  1  have  located  and 
opened  a  valuable  mine  of  coal  thereon,  and  have  expended  in  labor  and  improvements  on  said  mine 

the  sum  of dollars,  the  labor  and  improvements  being  as  follows:  [here  de.icribe  the  nature 

and  character  of  the  improvements]  ;  and  I  do  furthermore  solemnly,  swear  that  I  am  well  acquainted 
with  the  character  of  said  described  land,  and  with  each  and  every  legal  subdivision  thereof,  having  fre- 
quently passed  over  the  same ;  that  my  knowledge  of  said,  land  is  such  as  to  enable  me  to  testify  un- 
derstandingly  with  regard  thereto,;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof  any 
vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silYer,  or  copper,  and  that  there  is  not 
within  the  limits  of  said  land,  to  my  knowledge,  any  valuable  deposit  of  gold,  silver  or  copper.  So 
help  me  God. 


36  UNITED  STATES  MINING  LAWS 

29.  When  the  township  plat  in  not  on  file  at  date  of  claimant's  first  possession  the 
declaratory  statement  must  be  filed  within  sixty  days  from  the  filing  of  such  plat  in 
your  office. 

30.  One  year  from  and  after  the  expiration  of  the  period  allowed  for  filing  the  de- 
claratory statement  is  given  within  which  to  make  proof  and  payment ;  but  you  will  al- 
low no  party  to  make  final  proof  and  payment  except  on  notice  to  all  others  who  ap- 
pear on  your  records  as  claimants  to  the  same  tract. 

31.  A  party  who  otherwise  complies  with  the  law  may  enter  after  the  expiration  ot 
said  year,  prmrided  no  valid  adverse  right  shall  have  intervened.     He  postpones  his 
entry  beyond  said  year  at  his  own  risk,  and  the  government  cannot  thereafter  protect 
him  against  another  who  complies  with  the  law,  and  the  value  of  his  improvements 
can  have  no  weight  in  his  favor. 

32.  Each  claimant  at  the  time  of  actual  purchase  must  make  affidavit  as  follows  : 

I. ,  claiming  under  the  provisions  of  the  Revised  Statutes  of  the  United  States  relat- 
ing to  the  sale  of  coal-lands  of  the  United  States,  the  right  of  purchase  to  the  quarter  of  section 

,  in  township of  range ,  subject  to  sale  at ,  do  solemnly  swear  that  I  have 

never  had  the  right  of  purchase  under  the  aforesaid  provisions  of  law  either  as  an  individual  or  as  a 
member  of  an  association,  and  that  I  have  never  held  any  other  lands  under  its  provisions  ;  I  further 
swear  that  I  have  expended  in  developing  coal  mines  on  said  tract  in  labor  and  improvements  the 

sum  of dollars,  the  nature  of  such  improvements  being  as  follows: ;  that 

I  am  now  in  the  actual  possession  of  said  mines,  and  make  the  entry  for  my  own  use  and  benefit,  and 
not  directly  or  indirectly  for  the  use  and  benefit  of  any  other  party  ;  and  I  do  furthermore  swear  that 
I  am  well  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal  sub- 
division thereof,  having  frequently  passed  over  the  same  ;  that  my  knowledge  of  said  land  is  such  as 
to  enable  me  to  testify  understandingly  with  regard  thereto ;  that  the  same  is  chiefly  valuable  for 
coal ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof  any  vein  or  lode  of  quartz  or  other 
rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of  said  land,  to 
my  knowledge,  any  valuable  deposit  of  gold,  silver,  or  copper.  So  help  me  God. 

33.  The  application,  declaratory  statement,  and  the  affidavit  required  at  the  time 
of  actual  purchase,  the  forms  of  which  are  given  above  under  paragraphs  23,  28,  and 
32,  may  be  sworn  to  before  any  officer  authorized  by  law  to  administer  oaths,  but  the 
authority  of  such  officer  must  be  properly  shown. 

34.  Any  party  duly  qualified  under  the  law,  after  swearing  to  his  application  or 
declaratory  statement,  may,  by  a  sufficient  power  of  attorney  duly  executed  under  the 
laws  of  the  State  or  Territory  in  which  such  party  may  then  be  residing,  empower  an 
agent  to  file  with  the  register  of  the  proper  land  office  the  application,  declaratory 
statement,  or  affidavit  required  at  the  time  of  actual  purchase,  and  also  authorize  him 
to  make  payment  for  an  entry  of  the  land  in  the  name  of  such  qualified  party ;  and 
when  such  power  of  attorney  shall  have  been  filed  in  your  office  you  will  permit  such 
agent  to  act  thereunder  as  above  indicated. 

35.  Where  a  claimant  shows  by  affidavit  that  he  is  not  personally  acquainted  with 
the  character  of  the  land,  his  duly  authorized  agent  who  possesses  such  knowledge 
may  make  the  required  affidavit  as  to  its  character ;  but  whether  this  affidavit  is  made 
by  principal  or  agent  it  must  be  corroborated  by  the  affidavits  of  two  disinterested  and 
credible  witnesses  having  knowledge  of  its  character. 

36.  Nothing  in  these  regulations  shall  be  so  construed  as  to  prevent  a  party  from 
proving  his  citizenship  or  age,  or  establishing  the  status  of  the  lands  sought  to  be  en- 
tered, in  accordance  with  ordinary  rules  of  evidence ;  and  any  proof  regularly  intro- 
duced for  that  purpose  that  would  be  competent  in  a  court  or  before  a  commissioner 
charged  with  the  ascertainment  of  facts  may  be  considered. 


AND  REGULATIONS  THEREUNDER.  37 

37.  Assignments  of  the  right  to  purchase  will  be  recognized  when  properly  execu- 
ted.    Proof  and  payment  must  be  made,  however,  within  the  prescribed  period,  which 
dates  from  the  first  day  of  the  possession  of  the  assignor  who  initiated  the  claim. 

38.  The  "  Rules  of  Practice  in  cases  before  the  United  States  district  land  offices, 
the  General  Land  Office,  and  the  Department  of  the  Interior,"  approved  December 
20,  1880,  will,  as  far  as  applicable,  govern  all  cases  and  proceedings  arising  under  the 
sections  of  the  Revised  Statutes  above  quoted  providing  for  the  sale  of  coal-lands  of 
the  United  States. 

Timber  Cutting. 

ACT  OF  CONGRESS  OF  JUNE  3,  1878 — An  Act  authorizing  the  citi- 
zens of  Colorado,  Nevada,  and  the  Territories,  to  fell  and  remove 
timber  on  the  public  domain  for  mining  and  domestic  purposes. 

Beit  enacted,  etc.,  That  all  citizens  of  the  United  States  and  other 
persons,  bona  fide  residents  of  the  State  of  Colorado  or  Nevada,  or 
either  of  the  Territories  .of  New  Mexico,  Arizona,  Utah,  Wyoming, 
Dakota,  Idaho,  or  Montana,  and  all  other  mineral  districts  of  the 
United  States,  shall  be  and  are  hereby,  authorized  and  permitted  to 
fell  and  remove,  for  building,  agricultural,  mining,  or  other  domestic 
purposes,  any  timber  or  other  trees  growing  or  being  on  the  public 
lands,  said  lands  being  mineral,  and  not  subject  to  entry  under  exist- 
ing laws  of  the  United  States,  except  for  mineral  entry,  in  either  of 
said  States,  Territories,  or  districts,  of  which  such  citizens  or  persons 
may  be  at  the  time  bona  fide  residents,  subject  to  such  rules  and  regu- 
lations as  the  Secretary  of  the  Interior  may  prescribe  for  the  protection 
of  the  timber  and  of  the  undergrowth  growing  upon  such  lands,  and 
for  other  purposes  :  Provided,  The  provisions  of  this  act  shall  not  ex- 
tend to  railroad  corporations. 

SEC.  2.  That  it  shall  be  the  duty  of  the  Register  and  the  Receiver  of 
any  local  land  office  in  whose  district  any  mineral  land  may  be  situ- 
ated, to  ascertain  from  time  to  time  whether  any  timber  is  being  cut 
or  used  upon  any  such  lands,  except  for  the  purposes'  authorized  by 
this  act,  within  their  respective  land  districts ;  and,  if  so,  they  shall 
immediately  notify  the  Commissioner  of  the  General  Land  Office  of 
that  fact ;  and  all  necessary  expenses  incurred  in  making  such  proper 
examinations  shall  be  paid  and  allowed  such  Register  and  Receiver  in 
making  up  their  next  quarterly  accounts. 

SEC.  3.  Any  person  or  persons  who  shall  violate  the  provisions  of 
this  act,  or  any  rules  and  regulations  in  pursuance  thereof  made  by  the 
Secretary  of  the  Interior,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars,  and  to  which  may  be  added  imprisonment  for  any 
term  not  exceeding  six  months. 

Timber  and  Stone. 

ACT  OF  CONGRESS  OF  JUNE  3,  1878.— An  Act  for  the  sale  of  timber 
lands  in  the  States  of  California,  Oregon,  Nevada,  and  in  Washington 
Territory. 

Beit  enacted,  etc.,  That  surveyed  public  lands  of  the  United  States 
within  the  States  of  California,  Oregon,  and  Nevada,  and  in  Washington 
Territory,  not  included  within  military,  Indian,  or  other  reservations 


241 


3S  UNITED  STATES  MINING  LAWS 

of  the  United  States,  valuable  chiefly  for  timber,  but  unfit  for  cultiva- 
tion, and  which  have  not  been  offered  at  public  sale  according  to  law, 
may  be  sold  to  citizens  of  the  United  States,  or  persons  who  have 
declared  their  intention  to  become 'such,  in  .quantities  not  exceeding 
one  hundred  and  sixty  acres  to  any  one  person  or  association  of  per 
sons,  at  the  minimum  price  of  two  dollars  and  fifty  cents  per  acre;  and 
lands  valuable  chiefly  for  stone  may  be  sold  on  the  same  terms  as  timber 
lands :  Provided,  That  nothing  herein  contained  shall  defeat  or  impair 
any  bonafide  claim  under  any  law  of  the  United  States,  or  authorize 
the  sale  of  any  mining  claim,  or  the  improvements  of  any  bonafide 
settler,,  or  lands  containing  gold,  silver,  cinnabar,  copper,  or  coal,  or 
lands  selected  by  the  said  States  under  any  law  of  the  United  States 
donating  lands  for  internal  improvements,  education,  or  other  pur- 
poses: And  provided  further,  That  none  of  the  rights  conferred  by  the 
act  approved  July  twenty-sixth,  eighteen  hundred  and  sixty-six, 
entitled  "An  Act  granting  the  right  of  way  to  ditch  and  canal  owners 
over  the  public  lands,  and  for  other  purposes,"  shall  be  abrogated  by 
this  act ;  and  all  patents  granted  shall  be  subject  to  any  vested  and 
accrued  water-rights,  or  rights  to  ditches  and  reservoirs  used  in  con 
nection  with  such  water- rights  as  may  have  been  acquired  under  and 
by  the  provisions  of  said  act ;  and  such  rights  shall  be  expressly  reserved 
in  any  patent  issued  under  this  act. 

SEC.  2.  That  any  person  desiring  to  avail  himself  of  the  provisions 
of  this  act  shall  file  with  trie  Register  of  the  proper  district  a  written 
statement  in  duplicate,  one  of  which  is  to  be  transmitted  to  the  Gen- 
eral Land  Office,  designating  by  legal  subdivisions  the  particular  tract 
of  land  he  desires  to  purchase,  setting  forth  that  the  same  is  unfit  for 
cultivation,  and  valuable  chiefly  for  its  timber  or  stone  ;  that  it  is  un- 
inhabited ;  contains  no  mining  or  other  improvements,  except  for  ditch 
or  canal  purposes,  where  any  such  do  exist,  save  such  as  were  made  by 
or  belong  to  the  applicant,  nor  as  deponent  verily  believes,  any  val- 
uable deposit  of  gold,  silver,  cinnabar,  copper,  or  coal ;  that  deponent 
has  made  no  other  application  under  this  act ;  that  he  does  not  apply 
to  purchase  The  same  on  speculation,  but  in  good  faith  to  appropriate 
it  to  his  own  exclusive  use  and  benefit ;  and  that  he  has  not,  directly 
or  indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  or  persons  whatsoever,  by  which  the  title  which  he 
might  acquire  from  the  Government  of  the  United  States  should  inure, 
in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself ;  which 
statement  must  be  verified  by  the  oath  of  the  applicant  before  the  Reg- 
ister or  the  Receiver  of  the  land  office  within  the  district  where  the 
land  is  situated ;  and  if  any  person  taking  such  oath  shall  swear  falsely 
in  the  premises,  he  shall  be  subject  to  all  the  pains  and  penalties  of 
perjury,  and  shall  forfeit  the  money  which  he  may  have  paid  for  said 
lands,  and  all  right  and  title  to  the  same  ;  and  any  grant  or  convey- 
ance which  he  may  have  made,  except  in  the  hands  of  bond  fide  pur- 
chasers, shall  be  null  and  void. 

SEC.  3.  That  upon  the  filing  of  said  statement,  as  provided  in  the 
second  section  of  this  act,  the  Register  of  the  land  office  shall  post  a 
notice  of  such  application,  embracing  a  description  of  the  land  by  legal 
subdivisions,  in  his  office,  for  a  period  of  sixty  days,  and  shall  furnish 


AND  REGULATIONS  THEREUNDER. 

the  applicant  a  copy  of  the  same  for  publication,  at  the  expense  of  such 
applicant,  in  a  newspaper  published  nearest  the  location  of  the  premises, 
for  a  like  period  of  time ;  and  after  the  expiration  of  said  sixty  days,  if 
no  adverse  claim  shall  have  been  filed,  the  person  desiring  to  purchase 
shall  furnish  to  the  Register  of  the  land  office  satisfactory  evidence, 
first,  that  said  notice  of  the  application  prepared  by  the  Register  as 
aforesaid  was  duly  published  in  a  newspaper  as  herein  required ;  sec- 
ondly, that  the  land  is  of  the  character  contemplated  in  this  act,  unoc- 
cupied and  without  improvements,  other  than  those  excepted,'  either 
mining  or  agricultural,  and  that  .it  apparently  contains  no  valuable 
deposits  of  gold,  silver,  cinnabar,  copper,  or  coal ;  and  upon  payment 
to  the  proper  officer  of  the  purchase-money  of  said  land,  together  with 
the  fees  of  the  Register  and  the  Receiver,  as  provided  for  in  case  of 
mining  claims  in  the  twelfth  section  of  the  act  approved  May  tenth, 
eighteen  hundred  and  seventy- two,  the  applicant  may  be  permitted  to 
enter  said  tract,  and,  on  the  transmission  to  the  General  Land  Office  of 
the  papers  and  testimony  in  the  case,  a  patent  shall  issue  thereon: 
Provided,  That  any  person  having  a  valid  claim  to  any  portion  of  the 
land  may  object,  in  writing,  to  the  issuance  of  a  patent  to  lands  so  held 
by  him,  stating  the  nature  of  his  claim  thereto;  and  evidence  shall  be 
taken,  and  the  merits  of  said  objection  shall  be  determined  by  the 
officers  of  the  land  office,  subject  to  appeal,  as  in  other  land  cases. 
Effect  shall  be  given  to  the  foregoing  provisions  of  this  act  by  regula- 
tions to  be  prescribed  by  the  Commissioner  of  the  General  Land  Office. 
SEC.  6.  That  all  acts  and  parts  of  acts  inconsistent  with  the  provis- 
ions of  this  act  are  hereby  repealed. 

LAND  OFFICE  REGULATIONS. — The  first,  second,  and  third  sections  provide  for  the 
sale  of  surveyed  lands  in  California,  Oregon,  Nevada,  and  in  Washington  Territory 
[all  public  land  states — see  Act  of  August  4,  1892]  not  yet  proclaimed  and  offered 
at  public  sale,  valuable  chiefly  for  timber  and  stone,  unfit  for  cultivation,  and  conse- 
quently for  disposal  under  the  pre-e*mption  and  homestead  laws.  When  a  party  ap- 
plies to  purchase  a  tract  thereunder,  the  Register  and  Receiver  will  require  him  to 
make  affidavit  that  he  is  a  citizen  of  the  United  States  by  birth  or  naturalization,  or 
that  he  has  declared  his  intention  to  become  a  citizen  under  the  naturalization  laws. 
If  native  bom,  parol  evidence  of  that  fact  will  be  received ;  if  not  native  born,  record 
evidence  of  the  prescribed  qualification  must  be  furnished.  In  connection  herewith, 
he  will  be  required  to  make  the  sworn  statement  in  duplicate,  according  to  the  at- 
tached form,  as  provided  for  in  the  second  section  of  the  act.  One  of  the  duplicate 
statements  filed  in  each  is  by  the  act  required  to  be  transmitted  to  this  office,  and  the 
Registers  and  Receivers  will  accordingly  send  up  with  their  monthly  returns  the  du- 
plicate statements  to  be  transmitted  for  the  month. 

The  evidence  in  regard  to  the  publication  of  notice  required  to  be  furnished,  in  the 
third  section  of  the  act,  must  consist  of  the  affidavit  of  the  publisher  or  other  person 
having  charge  of  the  newspaper  in  which  the  notice  is  published,  with  a  copy  of  the 
notice  attached  thereto,  setting  forth  the  nature  of  his  connection  with  the  paper,  and 
that  the  notice  was  duly  published  fpr  the  prescribed  period.  The  evidence  required. 
in  the  same  section  with  regard  to  thenon -mineral  character  of  the  land,  and  its  unoc- 
cupied and  unimproved  condition,  must  consist  of  the  "testimony  of  at  least  two  disin- 
terested witnesses,  to  the  effect  that  they  know  the  facts  to  which  they  testify  from 
personal  inspection  of  the  land  and  of  each  of  its  smallest  legal  subdivisions,  as  per 


40  UNITED  STATES  MINING  LAWS 

form  attached.  This  testimony  may  be  taken  before  the  Register  or  Receiver,  or  any 
officer  using  an  official  seal  and  authorized  to  administer  oaths  in  the  land  district  in 
which  the  land  lies.  Upon  such  proof  being  produced,  if  no  adverse  claim  shall  have 
been  filed,  the  entry  applied  for  may  be  allowed  in  pursuance  of  the  provisions  of  the 
act.  The  receiver  will  issue  his  receipt  for  the  purchase-money,  and  the  Register  his 
certificate  of  purchase,  numbering  the  entry  in  the  regular  cash  series.  The  Register 
and  Receiver  will  enter  the  sale  on  their  books,  and  make  the  usual  returns  therefor 
to  this  office,  noting  on  the  monthly  extracts,  opposite  the  entry,  and  on  the  entry 
papers,  a  reference  to  the  act  of  Congress  under  which  allowed.  They  will  forward 
all  the  papers  in  the  case  with  their  returns  to  this  office,  except  the  retained  duplicate 
statement  filed  under  the  second  section  of  the  act,  to  which  the  Register  will  give 
the  same  number  with  the  other  papers  for  the  entry,  and  retain  it  on  the  appropriate 
file  with  the  former  application  in  his  office. 

The  Register  and  Receiver  will  be  entitled  to  a  fee  of  five  dollars  each  for  allowing 
an  entry  under  said  act,  and  jointly  at  the  rate  of  twenty-two  cents  and  a  half  per 
hundred  words  for  testimony  reduced  by  them  to  writing  for  claimants,  which  will  be 
accounted  for  as  other  fees. 

If,  at  the  expiration  of  the  sixty  days'  notice  provided  for  in  the  third  section  of  the 
act,  an  adverse  claim  should  be  found  to  exist  calling  for  an  investigation,  the  Regis- 
ter and  Receiver  will  allow  the  parties  a  hearing  according  to  the  rules  of  practice. 

In  case  of  an  association  of  persons  making  application  for  such  an  entry,  each  of 
the  persons  must  prove  the  requisite  qualifications,  and  their  names  must  appear  in  and 
be  subscribed  to  the  sworn  statement,  as  in  case  of  an  individual  person.  They  must 
also  unite  in  the  regular  application  for  entry,  which  will  be  made  in  their  joint  names 
as  in  other  cases  of  joint  cash  entry.  The  forms  prescribed  for  cases  of  applications 
by  individual  persons  may  be  adapted  for  use  in  applications  of  this  class. 

ACT  OF  CONGRESS  OF  AUGUST  4,  1892. — An  act  to  authorize  the 
entry  of  lands  chiefly  valuable  for  building  stone  under  the  placer  min- 
ing laws. 

Be  it  enacted,  etc.,  That  any  person  authorized  to  enter  lands  under 
the  mining  laws  of  the  United  States  may  enter  lands  that  are  chiefly 
valuable  for  building  stone  under  the  provisions  of  the  law  in  relation 
to  placer  mineral  claims  :  Provided,  That  lands  reserved  for  the  bene- 
fit of  the  public  schools  or  donated  to  any  State  shall  not  be  subject  to 
entry  under  this  act. 

SEC.  2.  That  an  act  entitled  "  An  act  for  the  sale  of  timber  lands  in 
the  States  of  California,  Oregon,  Nevada,  and  Washington  Territory," 
approved  June  third,  eighteen  hundred  and  seventy  eight,  be,  and  the 
same  is  hereby,  amended  by  striking  out  the  words  "  States  of  Cali- 
fornia, Oregon,  Nevada,  and  Washington  Territory"  where  the  same 
occur  in  the  second  and  third  lines  of  said  act,  and  insert  in  lieu 
thereof  the  words,  "  public-land  States,"  the  purpose  of  this  act  being 
to  make  said  act  of  June  third,  eighteen  hundred  and  seventy-eight, 
applicable  to  all  the  public-land  States. 

SEC.  3.  That  nothing  in  this  act  shalj.  be  construed  to  repeal  section 
twenty-four  of  the  act  entitled  "An  act  to  repeal  timber-culture  laws, 
and  for  other  purposes,"  approved  March  third,  eighteen  hundred  and 
ninety-one. 

LAND  OFFICE  REGULATIONS. — The  first  section  of  said  act  extends  the  mineral 


AND  REGULATIONS  THEREUNDER.  4I 

land  laws  already  existing  so  as  to  bring  land  chiefly  valuable  for  building  stone  within 
the  provisions  of  said  law  to  the  extent  of  authorizing  a  plater  entry  of  such  land. 
The  proviso  to  said  first  section  excludes  lands  reserved  for  the  benefit  of  the  public 
schools  or  donated  to  any  State  from  entry  under  the  act. 

In  cases  that  may  arise  hereafter  in  reference  to  any  lands  subject  to  entry  under 
the  mining  laws  you  will  be  governed  by  said  act  in  admitting  such  entries.  The 
proper  instructions  for  your  guidance  in  so  doing  may  be  found  in  official  circular  of 
December  10,  1891,  entitled  "United  States  Mining  Laws  and  Regulations  There- 
under," to  which  you  are  referred,  and  your  special  attention  is  called  to  the  law  and 
instructions  therein  relating  to  placer  claims. 

It  is  not  the  understanding  of  this  office  that  the  first  section  of  said  act  of  August 
4,  1892,  withdraws  land  chiefly  valuable  for  building  stone  from  entry  under  any  ex- 
isting laws  applicable  thereto. 

The  second  section  of  said  act  of  August  4,  1892,  makes  the  timber  and  stone  act 
of  June  3,  1878  (20  Stat.,  89),  applicable  to  all  the  public  land  States.  You  will  ob- 
serve the  same  in  acting  upon  applications  for  entries  in  your  respective  districts.  For 
instructions  you  are  referred  to  the  General  Circular  of  February  6,  1892,  pages  35  to 
38  inclusive. 

Salt  and  Saline  Lands. 

ACT  OF  CONGRESS  OF  JANUARY  12,  1877. — An  Act  providing  for  the 
sale  of  saline  lands. 

Be  it  enacted,  etc.,  That  whenever  it  shall  be  made  to  appear  to  the 
Register  and  the  Receiver  of  any  land  office  of  the  United  States  that 
any  lands  within  their  district  are  saline  in  character,  it  shall  be  the 
duty  of  said  Register  and  said  Receiver,  under  the  regulation  of  the 
General  Land  Office,  to  take  testimony  in  reference  to  such  lands  to 
ascertain  their  true  character,  and  to  report  the  same  to  the  General 
Land  Office ;  and  if  upon  such  testimony,  the  Commissioner  of  the 
General  Land  Office  shall  find  that  such  lands  are  saline  and  incapable 
of  being  purchased  under  any  of  the  laws  of  the  United  States  relative 
to  the  public  domain,  then,  and  in  such  case,  such  lands  shall  be  of- 
fered for  sale  by  public  auction  at  the  local  land  office  of  the  district 
in  which  the  same  shall  be  situated,  under  such  regulations  as  shall  be 
prescribed  by  the  Commissioner  of  the  General  Land  Office,  and  sold 
to  the  highest  bidder  for  cash  at  a  price  not  less  than  one  dollar  and 
twenty-five  cents  per  acre;  and  in  case  said  lands  fail  to  sell  when  so 
offered,  then  the  same  shall  be  subject  to  private  sale,  at  such  land 
office,  for  cash,  at  a  price  not  less  than  one  dollar  and  twenty  five  cents 
per  acre,  in  the  same  manner  as  other  lands  of  the  United  States  are 
sold  :  Provided,  That  the  foregoing  enactments  shall  not  apply  to  any 
State  or  Territory  which  has  not  'had  a  grant  of  salines  by  act  of  Con- 
gress, nor  to  any  State  which  may  have  had  such  a  grant,  until  either 
the  grant  has  been  fully  satisfied,  or  the  right  of  selection  thereunder 
has  expired  by  efflux  of  time.  But  nothing  in  this  act  shall  authorize 
the  sale  or  conveyance  of  any  title  other  than  such  as  the  United  States 
has,  and  the  patents  issued  shall  be  in  the  form  of  a  release  and  quit- 
claim of  all  title  of  the  United  States  in  such  lands. 

SEC.  2.  That  all  executive  proclamations  relating  to  the  sales  of  pub- 
lic lands  shall  be  published  in  only  one  newspaper,  the  same  to  be 


42  UNITED  STATES- MINING  LAWS 

printed  and  published  in  the  State  or  Territory  where  the  lands  are 
situated,  and  to  be  designated  by  the  Secretary  of  the  Interior. 

LAND  OFFICE  REGULATIONS. — The  act  provides  i  mode  of  proceeding  by  which 
public  lands  indicated  by  the  field-notes  of  survey,  or  otherwise,  to  be  saline  in  char- 
acter may  be  rendered  subject  to  disposal. 

'Should  prima  facie  evidence  that  certain  tracts  are  saline  in  character  be  filed  with 
the  Register  and  Receiver  of  the  proper  land  district,  they  will  designate  a  time  for  a 
hearing  at  their  office,  and  give 'notice  to  all  parties  in  interest  in  order  that  they  may 
have  ample  opportunity  to  be  present  with  their  witnesses. 

At  the  hearing  the  witnesses  will  be  thoroughly  examined  with  regard  to  the  true 
character  of  the  land,  and  whether  the  same  contains  any  known  mines  of  gold,  silver, 
cinnabar,  lead,  tin,  copper,  or  other  valuable  mineral  deposit,  or  any  deposit  of  coal. 

The  witnesses  will  also  be  examined  in  regard  to  the  extent  of  the  saline  deposits 
upon  the  given  tracts,  and  whether  the  same  are  claimed  by  any  person ;  if  so,  the 
names  of  the  claimants,  and  the  extent  of  their  improvements  must  be  shown. 

The  testimony  should  also  show  the  agricultural  capacities  of  the  land,  what  kind 
of  crops,  if  any,  have  been  raised  thereon,  and  the  value  thereof.  The  testimony 
should  be  as  full  and  complete  as  possible,  and,  in  addition  to  the  leading  points  in- 
dicated above,  everything  of  importance  bearing  upon  the  question  of  the  character  of 
the  land  should  be  elicited  at  the  hearing. 

The  Register  and  Receiver' will  transmit  the  testimony  to  this  office  with  their  joint 
opinion  thereon.  When  the  case  comes  before  this  office,  such  a  decision  will  be  ren- 
dered in  regard  to  the  character  of  the  land  as  the  law  and  the  facts  may  warrant. 

Should  the  given  tracts  be  adjudged  agricultural,  they  \viil  be  subject  to  disposal  as 
such.  Should  the  tracts  be  adjudged  saline  lands,  the  Register  and  Receiver  will  be 
instructed  to  offer  the  same  for  sale,  after  public  notice,  at  the  local  land  office  of  the 
district  in  which  the  same  shall  be  situated,  and  to  sell  said  tract  or  tracts  to  the  high- 
est bidder  for  cash,  at  a  price  of  not  less  than  $1.25  per  acre. 

In  case  said  lands-  fail  to  sell  when  so  offered,  the  same  will  be  subject  to  private 
sale  at  such  land  office  for  cash,  at  a  price  of  not  less  than  #1.25  per  acre,  in  the  same 
manner  as  other  public  lands  are  sold. 

The  provisions  of  this  act  do  not  apply' to  any  lands  within  the  Territories,  nor  to 
any  within  the  States  of  Mississippi,  Louisiana,  Florida,  California,  and  Nevada,  none 
of  which  have  had  a  grant  of  salines  by  act  of  Congress. 

Perjury— Penalty  Thereof. 

UNITED  STATES  LAW. — SEC.  5392.  Every  person  who,  having  taken 
an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any  case  in 
which  a  law  of  the  United  States  authorizes  an  oath  to  be  administered, 
that  he  will  testify,  declare,  depose,  or  certify  truly,  or  that  any  written 
testimony,  declaration,  deposition,  or  certificate  by  him  subscribed  is 
true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  ma- 
terial matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
and  shall  be  punished  by  a  fine  of  not  more,  than  two  thousand  dollars, 
and  -by  imprisonment  at  hard  labor  not  more  than  five  years,  and 
shall,,  moreover,  thereafter,  be  incapable  of  giving  testimony  in  any 
court  of  the  United  States  until  such  time  as  the  judgment  against  him 
is  reversed. 


AND  REGULATIONS  THEREUNDER.  43 

Miscellaneous  Provisions. 

UNITED  STATES  LAW. — SEC.  2343.  The  President  is  authorized  to 
establish  additional  land  districts,  and  to  appoint  necessary  officers 
under  existing  laws,  wherever  he  may  deem  the  same  necessary  for  the 
public  convenience  in  executing  the  provisions  of  his  chapter. 

SEC.  2344.  Nothing  contained  in  this  chapter  shall  be  construed  to 
impair,  in  any  way,  rights  or  interests  in  mining  property  acquired 
under  existing  laws;  or  to  affect  the  provisions  of  the  act  entitled 
"  An  act  granting  to.  A.  Sutro,  the  right  of  way  and  other  privileges  to 
aid  in  the  construction  of  a  draining  and  exploring  tunnel  to  the  Corn- 
stock  lode,  in  the  State  of  Nevada,"  approved  July  twenty-five,  eigh- 
teen hundred  and  sixty-six. 

SEC.  2346.  No  act  passed  at  the  first  session  of  the  thirty-eighth 
Congress,  granting  lands  to  States  or  corporations  to  aid  in  the  con- 
struction of  roads  or  for  other  purposes,  or  to  extend  the  time  of  grants 
made  prior  to  the  thirtieth  day  of  January,  eighteen  hundred  and  sixty  - 
five,  shall  be  so  construed  as  to  embrace  mineral  lands,  which  in  all 
cases  are  reserved  exclusively  to  the  United  States,  unless  otherwise 
sppecially  provided  in  the  act  or  acts  making  the  grant. 

Annual  Expenditure. 

An  act  to  amend  section  numbered  twenty-three  hundred  and  twenty- 
four  of  the  Revised  Statutes  of  the  United  States,  relating  to  mining 
claims. 

Be  if  enacted,  etc.,  That  the  provisions  of  section  numbered  twenty- 
three  hundred  and  twenty-four  of  the  Revised  Statutes  of  the  United 
States,  which  require  that  on  each  claim  located  after  the  tenth  day  of 
May,  eighteen  hundred  and  seventy- two,  and  until  patent  has  been  is- 
sued therefor,  not  less  than  one  hundred  dollars'  worth  of  labor  shall 
be  performed  or  improvements  made  during  each  year,  be  suspended 
for  the  year  eighteen  hundred  and  ninety-three  so  that  no  mining  claim 
which  has  been  regularly  located  and  recorded  as  required  by  the  local 
laws  and  mining  regulations  shall  be  subject  to  forfeiture  for  non-per- 
formance of  the  annual  assessment  for  the  year  eighteen  hundred  and 
ninety-  three :  Provided,  That  the  claimant  or  claimants  of  any  min- 
ing location,  in  order  to  secure  the  benefits  of  this  act,  shall  cause  to 
be  recorded  in  the  office  where  the  location  notice  or  certificate  is  filed, 
on  or  before  December  thirty-first,  eighteen  hundred  and  ninety-three,  a 
notice  that  he  or  they,  in  good  faith,  intend  to  hold  and  work  said 
claim :  Provided,  however,  That  the  provisions  of  this  act  shall  not 
apply  to  the  State  of  South  Dakota. 

This  act  shall  take  effect  from  and  after  its  passage, 

Approved,  November  3,  1893.  July  18,  1894,  extended  through 
year  1894. 


44  UNITED  STATES  MINING  LAWS 

Hearings  to  Determine  Character  of  Land. 

BY  CIRCULAR  DATED  JULY  2,  1894. — Paragraphs  109  and  no  of  the 
"  United  States  Mining  Laws  and  Regulations  Thereunder,"  approved 
December  10,  1891,  are  amended  to  read  as  follows: 

109.  No  public  land  shall  be  withheld  from  entry  as  agricultural  land  on  account  of 
its  mineral  character,  except  such  as  is  returned  by  the  surveyor-general  as  mineral; 
and  the  presumption  arising  from  such  a  return  may  be  overcome  by  testimony  taken 
in  the  manner  hereinafter  described. 

1 10.  Hearings  to  determine  the  character  of  lands  are  practically  of  two  kinds,  as 
follows : 

1.  When  lands  are  returned  as  mineral  by  the  surveyor-general. 

When  such  lands  are  sought  to  be  entered  as  agricultural  under  laws  which  require 
the  submission  of  final  proof  after  due  notice  by  publication  and  posting,  the  filing  of 
the  proper  non-mineral  affidavit  in  the  absence  of  allegations  that  the  land  is  mineral 
will  be  deemed  sufficient  as  a  preliminary  requirement.  A  satisfactory  showing  as  to 
character  of  land  must  be  made  when  final  proof  is  submitted. 

In  case  of  application  to  enter,  locate  or  select  such  lands  as  agricultural,  under  laws 
in  which  the  submission  of  final  proof  after  due  publication  and  posting  is  not  required, 
notice  thereof  must  first  be  given  by  publication  for  thirty  days  and  posting  in  the  local 
office  during  the  same  period  and  affirmative  proof  as  to  the  character  of  the  land 
submitted.  In  the  absence  of  allegations  that  the  land  is  mineral,  and  upon  compli- 
ance with  this  requirement,  the  entry,  location  or  selection  will  be  allowed,  if  other- 
wise regular. 

2.  When  lands  which  are  sought  to  be  entered  as  agricultural  are  alleged  by  affi- 
davit to  be  mineral,  or  when  sought  as  mineral  their  non-mineral  character  is  alleged. 
The  proceedings  in  this  class  of  cases  are  in  the  nature  of  a  contest  between  two  or 
more  known  parties,  and  are  provided  for  in  the  rules  of  practice. 


PRACTICAL  FORMS. 


«.  FORMS. 

FORM  i. 
Notice  of  Location. 

Notice  is  hereby  given  that  the  undersigned,  having  complied  with  the  requirement 
of  Chapter  Six  of  Title  Thirty-two  of  the  Revised  Statutes  of  the  United  States,  and  the 

local  customs,  laws  and  regulations,  has  located linear  feet  on  the lode 

[twenty  acres  of  placer  mining  ground] ,  situated  in  Mining  District, 

County, ,  and  described  as  follows  : 

[Describe  the  claim  accurately  (by  courses  and  distances,  if  possible,}  with  referenu 
to  some  natural  object  or  permanent  monument,  and  mark  the  boundaries  by  suitablt 
monuments ;  if  a  placer  claim  is  located  on  surveyed  land,  describe  (At  legal  sub- 
division.] 

Discovered ,  188-. 

Located ,  188-.  Recorded ,  1 88-. 

Attest: 


Mom.— Record  of  location  notices,  in  absence  of  *  District  Recorder,  should  be  made  with  tW 
proper  recorder  of  deeds  for  the  county  wherein  the  claim  is  situated.  It  is  advisable  to  bar*  th«M 
notices  attested  by  witnesses,  for  locators  cannot  be  too  careful  about  their  evidence. 

In  re-locations  to  increase  width  of  surface  ground  under  f  he  local  law,  or  to  more  particularly  ident- 
ify or  describe  the  claim,  use  the  above  form,  but  state  after  the  description  that  it  is  a  re-location,  and 
in  addition,  where  the  original  location  is  recorded,  in  order  that  the  title  may  revert  back  to  th« 
original  discovery. 

In  locations  of  abandoned  mines,  the  fact  that  it  is  such  a  location  should  be  stated,  and  the  affidavit! 
of  two  or  more  respectable  parties  that  such  mine  was  abandoned  and  subject  to  re-location,  should  b* 
recorded  with  the  location  notice. 

Where  the  location  is  by  agent,  that  fact  should  be  stated  after  the  name  of  the  locator,  thus  :  By 
Thomas  Jones,  agent  (or  attorney). 

FORM  2. 
Proof  of  Labor. 

— ^—  of ,  County  of ,  ss. 

Before  me  the  subscriber  personally  appeared  ,  who  being  duly  sworn  say* 

that  at  least  dollars'  worth  of  labor  or  improvements  were  performed  or  made 

upon  [here  describe  claim],  situated  in mining  district, county, 

>| ,  during  the  year  ending ,  188-.     Such  expenditure  was  made  by  or  at 

45 


46  FORMS. 

the  expense  of ,  owners  of  said  claim,  for  the  purpose  of  holding  said 


[Jurat]  (Signature). 

NOTE.— The  record  of  an  affidavit  like  the  above  is  prima.  Jade  evidence  of  the  performance  of  nek 
hbor. 

FORM  3. 

Notice  of  Forefeiture. 

County, ,  1 88-. 

To — (names  of  all  parties  who  have  record  title  to  any  portion  of  the  mine).     You 

are  hereby  notified  that  I  have  expended  dollars  in  labor  and  improvements 

upon  the lode  (describe  the  claim),  as  will  appear  by  certificate  filed  , 

188-,  in  the  office  of  the  Recorder  of  said  county  (or  district),  in  order  to  hold  said 
premises  under  the  provisions  of  section  2324  Revised  Statutes  of  the  United  States, 

being  the  amount  required  to  hold  the  same  for  the  year  ending ,  188— .     And  if 

within  ninety  days  from  the  service  of  this  notice  (or  within  ninety  days  after  this  notice 
by  publication),  you  fail  or  refuse  to  contribute  your  proportion  of  such  expenditure  as 
a  co-owner,  your  interest  in  said  claim  will  become  the  property  of  the  subscriber  under 
said  section  2324. 

'  (Signature). 

NOTE.— At  the  expiration  of  180  days,  this  notice  should  be  recorded  with  the  affidavit  of  the  new*> 
paper  publisher  (see  Form  13).  that  the  same  was  published  for  the  period  of  ninety  days,  together 
with  the  affidavit  (Form  4)  of  the  party  signing  the  notice  to  the  effect  that  one  or  more  of  the  co- 
owners  named  in  the  published  notice  have  not  paid  their  share  of  the  expenditure.  This  completes 
the  record  title. 

FORM  4. 

Affidavit  of  Failure  to  Contribute. 
of ,  County  of ,  ss. 


-,  being  duly  sworn,  deposes  and  says  that  for  the  year  ending 


1 88— ,  he  expended  at  least dollars  in  labor  and  improvements  upon  the  — — 

lode  [or placer  claim]  (here  describe  the  claim),  to  hold  the  same  under  the 

laws  of  the  United  States  and  of  this (district,  Territory  or  State,) :  that  due 

aotice  thereof  was  personally  served  upon ,  co-owners,  on  the day 

of  ,  1 88-,  (or  was  duly  published  in  the ,  as  appears  from  the 

affidavit  of  the  publisher  thereof) :  and  that — ^—  (of  the  said)  co-owners  have 

failed  or  refused  to  contribute  their  share  of  said  expenditures  within  the  time  required 
bylaw. 

Subscribed  and  sworn  to  before  me  this day  of ,  1 88-. 


FORM  5. 
Miner's  Lien. 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  I,  ,  of  the  county  of , 

of ,  do  hereby  give  notice  of  my  intention  to  hold  and  claim  a  lien,  by 

virtue  of  the  statute  in  such  case  made  and  provided,  upon (describe  premises), 

with  all  improvements  and  appurtenances,  situated  in  — Mining  District,  County 

The  said  lien  being  claimed  and  held  for  and  on  account  of  work  and  labor  done  by 

wu  as for ,  owner  of  said  premises  in  and  upon  said  premises,  from  the 

day  of ,  A.  D.  188-,  to  the day  of ,  A.  D.  188-. 

The  total  value  of  the  said  work  and  labor  being dollars,  upon  which  there 

has  been  paid  the  sum  of dollars,  leaving  a  balance  of dollars  still  due, 

owing  and  unpaid  to  me,  the  said  claimant. 

(Signature). 


FORMS. 


47 


-,  County  of ,  ss. 

day  of ,  A.  D.  1 88-,  personally  appeared  before  me  the  above 

-,  and  who  being  by  me  first  duly  sworn,  on oath  states  that  the 

abstract  of  indebtedness  mentioned  and  described  in  the  foregoing  notice,  is  true  and 

correct,  and  that  there  is  still  due  and  owing  to from  the  said ,  for  the 

— —  aforesaid,  the  sum  ot dollars  and cents. 

(Signature.) 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-. 

(Official  signature.) 

NOTK. — For  materials  insert  "goods  furnished  and  delivered  to  owners  of  said  premises,  for  use  on 
•aid  premises,  and  which  were  used  on  said  premises."  Below  substitute  "  materials  furnished,  to  wit : 
Powder,  lumber,  etc.,  as  per  bill  annexed,"  in  place  of"  work  and  labor." 

FORM  6. 
Application  for  Survey. 

,  1 88-. 

To ,  United  States  Surveyor-  General  for .• 

SIR — In  compliance  with  the  provisions  of  Chapter  Six  of  Title  Thirty-two,  Revised 

Statutes  of  the  United  States, herewith  make  application  for  an  official  survey  of 

the  mining   claim  known  as   the mine,  claimed   by ,  located   in  — — 

Mining   District,    in   the   County  of  ,  Township  No.  ,  Range  No.  , 

base  and  meridian,  in  the of ,  and request   that  you  will 

send  to address  an  estimate  of  the  amount  to  be  deposited,  for  the  work  to  be 

done  in  your  office ;  and  that  after  such  deposit  shall  have  been  made,  you  will  cause 

the  said   mining  claim  to  be  surveyed   by ,  United  States  Deputy  Surveyor  at 

Respectfully, 

,  Claimant 

P.  O.  Address, , county, . 

NOTE. — Survey  is  not  required  when  placer-claims  embrace  legal  subdivisions. 

FORM  7. 
Application  for  Patent. 

,  County  of ,  ss. 


APPLICATION   FOR    PATENT   FOR   THB MINING  CLAIM. 

To  the  Register  and  Receiver  of  the  U.  S.  Land  Office  at . 

,  being  duly  sworn  according  to  law,  deposes  and  says,  that  in  virtue  of  a 

compliance  with  the  mining  rules,  regulations  and  customs,  by  himself,  the  said , 

and  his  co-claimants  (residence  of  each  should  be  stated), — ,  applicants  for  patent 

herein  ha—  become  the  owner  of  and in  the  actual,  quiet  and  undisturbed  pos- 
session of linear  feet  of  the vein,  lode  or  deposit,  bearing ,  to- 
gether with  surface  ground feet  in  width,  for  the  convenient  working  thereof,  as 

allowed  by  local  rules  and  customs  of  miners;  said  mineral  claim,  vein,  lode  or  deposit 

and  surface  ground  being  situated  in  the mining  district,  county  of ,  and 

of ,  and   being  more  particularly  set  forth  and  described  in  the  official 

field  notes  of  survey  thereof,  hereto  attached,  dated day  of ,  A.  D.  188-, 

and  in  the  official  plat  of  said  survey,  now  posted  conspicuously  upon  said  mining  claim 
or  premises,  a  copy  of  which  is  filed  herewith.  Deponent  further  states  that  the  facts 
relative  to  the  right  of  possession  of  himself  (and  his  said  co-claimants  hereinbefore 
named)  to  said  mining  claim,  vein,  lode  or  deposit  and  surface  ground,  so  surveyed  and 
platted,  are  substantially  as  follows,  to  wit : 


48  FORMb. 

(  Trace  the  history  of  tkt  lodefuUy.) 

Which  will  more  fully  appear  by  reference  to  the  copy  of  the  original  record  of  Infafan 
and  the  abstract  of  title  hereto  attached  and  made  a  part  of  this  affidavit  ;  the  value  of 
the  labor  done  and  improvements  made  upon  said  -  claim,  by  himself  and  his 
grantors,  being  equal  to  the  sum  of  five  hundred  dollars,  and  said  improvements  consist 
of  (describe  fully).  In  consideration  of  which  facts,  and  in  conformity  with  the  pro- 
visions of  Chapter  Six  of  Title  Thirty-two  of  the  Revised  Statutes  of  the  United  States, 
application  is  hereby  made  for  and  in  behalf  of  said  -  for  a  patent  from  the  Gov- 
ernment of  the  United  States  for  the  said  -  mining  claim,  vein,  lode,  deposit,  and 
the  surface  ground  so  officially  surveyed  and  platted. 

Subscribed  and  sworn  to  before  me  this  -  day  of  -  ,  A.  D.  i8&-,  and  I 
hereby  certify  that  I  consider  the  above  deponent  a  credible  and  reliable  person,  and 
that  the  foregoing  affidavit,  to  which  was  attached  the  field  notes  of  survey  of  the  - 
mining  claimt  was  read  and  examined  by  him  before  his  signature  was  affixed  thereto 
and  the  oath  made  by  him. 

(Official  Signature.) 
NOTE.—  The  above  is  slightly  changed  in  applying  for  placer-mines. 

FORM  8. 

Proof  of  Posting  Notice  and  Diagram  on  the  Claim. 
*'JW  "  of  -  ,  County  of  -  ,  «. 
—  -  and  -  ,  each  for  himself,  and  not  one  for  the  other,  being  first  duly 


sworn  according  to  law,  deposes  and  says,  that  he  is  a  citizen  of  the  United  States,  over 
the  age  of  twenty-one  years,  and  was  present  on  the  -  day  of  -  ,  A.  L>.  i8&- 
when  a  plat  representing  the  -  ,  and  certified  to  as  correct  by  the  United  States 
Surveyor-General  of  -  ,  and  designated  by  him  as  lot  No.  -  ,  together  with  a 
notice  of  the  intention  of  -  and  -  to  apply  for  a  patent  for  the  mining  claim 
and  premises  so  platted,  was  posted  in  a  conspicuous  place  upon  said  mining  claim,  to 
wit:  Upon  -  ,  where  the  same  could  be  easily  seen  and  examined;  the  notice  so 
conspicuously  posted  upon  said  claim  being  in  words  and  figures  as  follows,  to  wit  : 

•  NOTICE  OP  THE  APPLICATION  OP  —  —  AND  -  FOR  A  UNITED  STATES  PATENT. 

Notice  is  hereby  given  that  in  pursuance  of  Chapter  Six  of  Title  Thirty-two  of  the 
Revised  Statutes  of  the  United  States,  -  and  -  ,  claiming  -  linear  feet 
of  the  -  vein,  lode  or  mineral  deposit,  bearing  -  ,  with  surface  ground  - 
feet  in  width,  lying  and  being  situated  within  the  -  mining  district,  county  of 
-  ,  and  -  of  -  ,  ha-  made  application  to  the  United  States  for  a  patent 
for  the  said  mining  claim,  which  is  more  fully  described  as  to  metes  and  bounds  by  the 
official  plat  herewith  posted  and  by  the  field  notes  of  survey  thereof,  now  filed  in  the 
office  of  the  Register  of  the  District  of  Lands,  subject  to  sale  at  -  ,  which  field 
notes  of  survey  describe  the  boundaries  and  extent  of  said  claim  on  the  surface,  with 
magnetic  variation  at  -  east,  as  follows,  to  wit  : 

(full  description  by  courses  and  distances.) 

the  said  mining  claim  being  of  record  in  the  office  of  the  Recorder  of  -  ,  at  -  , 
in  the  county  and  -  aforesaid,  the  presumed  general  course  or  direction  of  the 
said  -  vein,  lode  or  mineral  deposit  being  shown  upon  the  plat  posted  herewith, 
as  near  as  can  be  determined  from  present  developments  ;  this  claim  being  for  - 
linear  feet  thereof,  together  with  the  surface  ground  shown  upon  the  official  plat  posted 
herewith,  the  said  vein,  lode  and  mining  premises  hereby  sought  to  be  patented  being 
bounded  on  the  -  by  the  -  mining  claim. 


FORMS.  4g 

Any  and  all  persons  claiming  adversely  the  mining  ground,  vein,  lode,  premises,  01 
any  portion  thereof  so  described,  surveyed,  platted  and  applied  for,  are  hereby  notified 
that  unless  their  adverse  claims  are  duly  filed  as  according  to  law  and  the  regulations 
thereunder  within  sixty  days  from  the  date  hereof,  with  the  Register  of  the  United  States 

Land  Office  at ,  in  the of  ,  they  will  be  barred,  in  urtue  of  the 

provisions  of  said  statute. 

(Names  of  applicants.) 

Dated  on  the  ground  this day  of ,  A.  D.  188— . 

Witness :  (Names  of  witnesses.) 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-,  and  1 

hereby  certify  that  I  consider  the  above  deponents  credible  and  reliable  witnesses,  and 
that  the  foregoing  affidavit  and  notice  were  read  by  each  of  them  before  their  signatures 
were  affixed  thereto  and  the  oath  made  by  them. 


NOTB. — The  notice  to  be  posted  on  the  claim  with  the  plat  is  given  in  the  above  form. 

FORM  9. 
Proof  that  Plat  and  Notice  Remained  Posted  on  Claim  During  Period  of  Publication. 

of ,  County  of ,  ss. 

.being  first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  claimant 


(and  co-owner  with )  in  the mining  claim, mining  district, 

county,  the  official  plat  of  which  premises,  designated  by  the  Surveyor-General  as  lot 

No. ,  together  with  the  notice  of  intention  to  apply  for  a  patent  therefor,  was 

posted  thereon,  on  the  day  of  ,  A.  D.  188-,  as  fully  set  forth  and  de 

scribed  in  the  affidavit  of and ,  dated  the day  of ,  A.  D 

1 88-,  which  affidavit  was  duly  filed  in  the  office  of  the  Register  at in  this  case; 

and  that  the  plat  and  notice  so  mentioned  and  described,  remained  continuously  and 

conspicuously  posted  upon  said  mining  claim  from  the  day  of ,  A.  D. 

1 88-,  until  and  including  the day  of ,  A.  D.  188-,  including  the 

sixty  days  period  during  which  notice  of  said  application  for  patent  was  published  in 
die  newspaper. 
[Jurat.] 

(One  of  the  applicants.) 
FORM  10. 
Register's  Certificate  of  Posting  Notice  for  Sixty  Days. 

United  States  Land  Office,  at ,  — : ,  188-. 

I  hereby  certify  that  the  official  plat  of  the lode  designated  by  the  Surveyor- 
General  as  lot  No.  was  filed  in  this  office  on  the day  of  ,  A.  D. 

1 88-,  and  that  the  attached  notice  of  the  intention  of  to  apply  for  a  patent  for 

the  mining  claim  or  premises  embraced  by  said  plat,  and  described  in  the  field  notes  of 
survey  thereof  filed  in  said  application,  was  posted  conspicuously  in  this  office  on  the 

day  of ,  A.  D.  1 88-,  and  remained  so  posted  until   the  day  ol 

,  A.  D.  1 88-,  being  the  full  period  of  sixty  consecutive  days  during  the  period 

of  publication  as  required  by  law ;  and  that  said  plat  remained  in  this  office  during  that 
time,  subject  to  examination,  and  that  no  adverse  claim  thereto  has  been  filed. 

,  Register. 

Nor*,— The  notice  posted  in  the  office  should  be  attached  to  this  certificate ;  a  copy  of  th«  node. 
ubliihed  is  the  one  usually  posted  in  the  Register's  office. 


5° 


FORMS. 


FORM  n. 
Notice  for  Publication  in  Newspaper. 

Mining  Application  No. . 

United  States  Land  Office, 

Notice  is  hereby  given  that ,  whose  post  office  address  is ,  has  this  da) 

filed  his  application  for  a  patent  for linear  feet  of  the mine  or  vein  bear- 
ing   ,  with  surface  ground  feet  in  width,  situated  in  mining  dis- 
trict, county  of  ,  and of  ,  and  designated  by  the  field  notes  ana 

official  plat  on  file  in  this  office  as  lot  No.  ,  in  township ,  range , 

of meridian, .     Said  lot  No. being  described  as  follows,  to  wit : 

Beginning  at,  etc. 

Magnetic  variation ,  containing acres. 

The  location  of  this  mine  is  recorded  in  the  Recorder's  office  of  ,  in  book 

of .     The  adjoining  claimants  are . 

Any  and  all  persons  claiming  adversely  any  portion  of  said mine  or  surface 

ground  are  required  to  file  their  adverse  claims  with  the  Register  of  the  United  States 
Land  Office  at ,  in  the of ,  during  the  sixty  days  period  of  pub- 
lication hereof,  or  they  will  be  barred  by  virtue  of  the  provisions  of  the  statute. 

,  Register. 

FORM  12. 

Agreement  of  Publisher. 

The  undersigned,  publisher  and  proprietor  of  the ,  a newspaper,  pub- 
lished at ,  county  of ,  and of ,  does  hereby  agree  to  publish 

a  notice,  dated  United  States  Land  Office,  ,  required  by  Chapter  Six  of  Title 

Thirty-two,  Revised  Statutes  of  the  United  States,  of  the  intention  of to  apply 

for  a  patent  for  his  claim  on  the lode,  situated  in mining  district,  county 

of ,  of ,  and  to  hold  the  said alone  responsible  for  the  amount  due 

for  publishing  the  same.  And  it  is  hereby  expressly  stipulated  and  agreed  that  no  claim 
•hall  be  made  against  the  Government  of  the  United  States,  or  its  officers  or  agents,  foi 
such  publication. 

Witness  my  hand  and  seal  this day  of ,  A.  D.  188-. 

Witness :  . 


FORM  13. 

Proof  of  Publication. 
of ,  County  of ,  ss. 


Reprint     Copy    of  >      ,  being  first  duly  sworn,  deposes  and  says,  that  he  is 

Notice  of  Application.  J  the of  the ,  a  newspaper  published  at ,  in 

county,  in  the of ;  that  the  notice  of  the  application  for  a  patent 

for  the mining  claim,  of  which  a  copy  is  hereto  attached,  was  first  published  in 

said  newspaper,  in  its  issue  dated  the of ,  188-,  and  was  published  in 

each  [daily  or  weekly]  issue  of  said  newspaper  for  [sixty  consecutive  days,  or  nine  con- 
secutive weeks,]  thereafter,  the  full  period  of  sixty  days,  the  last  publication  thereof 
l>eing  in  the  issue  dated  the of ,  188-. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  1 88-. 

[SEAL.]  ',  Notary  Public. 


FORMS.  ,  5  r 

FORM  14. 
Affidavit  of  Five  Hundred  Dollars  Improvement. 

of ,  County  of ,  ss. 

and ,  of  lawful  age,  being  first  duly  sworn  according  to  law,  depos 

and  say  that  they  are  acquainted  with  the mining  claim  in mining  dis- 
trict, county  and  aforesaid,  for  which  has  made  application  for  patent 

under  the  provisions  of  Chapter  Six  of  Title  Thirty-two,  Revised  Statutes  of  the  United 
States  and  that  the  labor  done  and  improvements  made  thereon  by  the  applicant  and  his 
grantors  exceed  five  hundred  dollars  in  value,  and  said  improvements  consist  of  (de- 
scribe fully). 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-. 


FORM  15. 
Statement  of  Fees  and  Charges. 

of ,  County  of ,  ss. 

-,  being  first  duly  sworn  according  to  law,  deposes  and  says  that  he  is  the  appli 


cant  for  patent  for  the lode  in  mining  district,  county  of  • 

of  ,  under  the  provisions  of  Chapter  Six  of  Title  Thirty-two  of  the  Revised 

Statutes  of  the  United  States,  and  that  in  the  prosecution  of  said  application  he  has  paid 
out  the  following  amounts,  and  no  more,  viz. :  To  the  credit  of  the  Surveyor-General  s 

office, dollars ;   for  surveying, dollars ;  for  filing  in  the  local  land  office, 

dollars ;  for  publication  of  notice, dollars ;  and  for  the  land  embraced  in 

is  claim, dollars. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-. 

[SEAL.]  ,  Notary  Public. 

FORM  16. 
Proof  of  Ownership  and  Possession  in  Case  of  Loss  or  Absence  of  Mining  Records. 

of ,  County  of ,  ss. 

,  and  • ,  each  for  himself,  and  not  one  for  the  other, 

being  first  duly  sworn  according  to  law,  deposes  and  says  that  he  is  a  citizen  of  the 

United  States,  over  the  age  of  twenty-one  years,  and  a  resident  of county, 

,  and  has  resided  in mining  district,  wherein  the mine  is  situated, 

since day  of ,  18 — .     That  since  said  date  he  has  been  acquainted  with 

the mine,  and  with  the  possessors  and  workers  thereof.     That  said  mine  was 

located  and  has  been  possessed  and  worked  in  accordance  with  the  customs  and  usages 
of  miners  in  said  district,  and  in  conformity  with  the  rules  and  regulations  governing 
the  location,  holding  and  working  of  mining  claims,  in  force  and  observed  in  the  (State) 
of .  That  there  are  no  written  records  known  to  deponent  existing  in  said  min- 
ing district.  That  affiant  is  credibly  informed  and  believes  that  the mine  was 

located  in  the  year  18 — ,  and  that  if  any  record  was  made  of  said  location,  and  of  the 
names  of  locators,  the  same  has  not  been  in  existence  for  a  long  number  of  years  past, 
and  that  by  reason  thereof  the  names  of  locators  cannot  now  be  ascertained,  and  no 
aostract  of  title  from  locators  to  the  present  owner  can  be  made.  That  the  possession 

of  applicant  and  his  predecessors  in  interest  of  said  mine  has  been  actual, 

notorious  and  continuous,  to  the  positive  knowledge  of  deponent,  since  his  residence 
in  said  mining  district,  and  that  such  possession  has  been  perfected  and  maintained  in 
conformity  with  mining  usages  and  customs,  and  has  been  acquiesced  in  and  respected 


5- 


FORMS. 


by  the  miners  of  said  district.  That  applicant's  right  to  the  said  — — —  mine  is  not  in 
litigation  within  die  knowledge  of  affiant,  and  that  no  action  or  actions  have  been  com- 
nenced  affecting  the  right  to  said  mine  since  his  acquaintance  therewith  (and  that  die 
time  for  the  commencement  thereof,  as  required  to  be  instituted  under  the  provisions  of 

the  Statute  of.  Limitations  of  the of ,  has  long  since  elapsed).     That 

applicant  and  his  predecessors  in  interest  have  expended  in  the  improvement,  develop- 
ment and  working  of  said  mine  a  sum  of  money  exceeding dollars,  as  follows, 

to  wit :  . 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-,  and   I 

certify  that  the  aforenamed and are  credible  and  respectable  persons,  to 

whose  affidavits  full  faith  and  credit  should  be  given. 

[SEAL.]  . 

NOTE.— This  should  be  sworn  to  by  at  least  two  respectable  persons. 

FORM  17. 
Affidavit  of  Citizenship. 

of ,  County  of ,  ss. 

,  being  first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  the 

applicant  for  patent  for mining  claim,  situated  in mining  district,  county 

of ;  that  he  is  a  native-born  citizen  of  the  United  States,  born  in ,  county 

,  State  of ,  in  the  year  18 — ,  and  is  now  a  resident  of . 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  188-. 


NOTB. — If  the  applicant  is  a  naturalized  citizen,  or  has  declared  his  intention  to  become  a  citizen, 
he  should  show  in  his  affidavit  where,  when  and  before  what  court  he  was  naturalized  or  his  declara- 
tion was  made. 

FORM  18. 
Certificate  that  No  Suit  is  Pending. 

of ,  County  of ,  ss. 

I, ,  clerk  of  the  court  in  and  for  county, ,  do  hereby  certify 

that  there  is  now  no  suit  or  action  of  any  character  pending  in  said  court  involving  the 

right  of  possession  to  any  portion  of mining  claim,  and  that  there  has  been  no 

litigation  before  said  court  affecting  the  tide  to  said  claim,  or  any  part  thereof,  for 

years  last  past,  other  than  what  has  been  finally  decided  in  favor  of . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal  of  said  court, 

at  my  office  in ,  this day  of ,  A.  D.  188-. 

[SEAL.] ,  Clerk  of  the Court, . 

FORM  i9. 

Power  of  Attorney  to  Apply  for  Patent. 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  that  we, and ,  do  hereby  con- 
stitute and  appoint as  our  attorney  in  fact,  for  us  and  in  our  names,  to  make 

application  to  the  United  States  for  the  entry  and  purchase  of  certain  Government  lands, 
in mining  district, county, of ,  known  as  the min- 
ing claim  and  premises ;  and  to  have  the  same  surveyed,  and  to  take  any  and  all  steps 
that  may  be  necessary  to  procure  from  the  Government  of  the  United  States  a  patent  to 


FORMS.  53 

the  said  lands  and  premises,  granting  tke  same  to  us.  And  to  do  all  other  acts  apper- 
taining to  the  said  survey  and  entry  aforesaid  as  we  ourselves  could  do  by  our  own  act 
and  in  our  own  proper  person. 

in  witness  whereof  we  have  hereunto  set  our  hands  and  affixed  our  seals  the 

day  of ,  A.  D.  188-. 


of ,  County  of  - 


On  this  day  of  ,  A.  D.  188-,  before  me, ,  a  Notary  Public  in 

and  for  the ,  county  of ,  personally  appeared ,  known  to  me  to  be 

the   same   person  whose  name  subscribed    to  the  foregoing   instrument,  and 

acknowledged  to  me  that executed  the  same. 

In  witness  whereof  }  have  hereunto  set  my  hand  and  affixed  my  official  seal  at  my 
office,  the  day  and  year  in  this  certificate  first  above  written. 

[SEAL.]  ,  Notary  Public. 

FORM  20. 

Proof  that  no  Known  Vein  Exists  in  a  Placer  Mining  Claim. 
of ,  County  of ,  ss. 

and ,  of  the  said  county  and ,  being  first  duly  sworn,  each  for 

himself,  deposes  and  says,  that  he  is  well  acquainted  with  the placer  mining 

claim,  embracing ,  situated  in  the mining  district,  in  the  county 

of ,  and of ,  owned  and  worked  by ,  applicant  for  United 

States  patent ;  that  for  many  years  he  has  resided  near,  and  often  been  upon  the  said 
mining  premises,  and  that  no  known  vein  or  veins  of  quarU  or  other  rock  in  place, 
bearing  gold,  silver,  cinnabar,  lead,  tin  or  copper,  exist  on  said  mining  claim,  or  on  any 
part  thereof,  so  far  as  he  knows,  and  he  verily  believes  that  none  exist  thereon.  And 
further,  that  he  has  no  interest  whatever  in  the  said  placer-mine  of . 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  1 88-. 

NOTE. — In  case  any  known  mines  exist  within  the  exterior  boundaries  of  the  placer-claim,  the  name* 
of  such  known  veins  should  be  given. 

FORM  si. 
Protest  and  Adverse  Claim. 

United  States  Land  Office, of . 

In  the  matter  of  the  application  of ,  for  a  United  States  patent  for  the 

lode  or  mining  claim  and  the  land  and  premises  appertaining  to  said  mine,  situated  in 

the mining  district,  in county, of . 

To  tke  Register  and  Receiver  of  the  United  States  Land  Office  at ,  and  to  the 

above-named  applicants  for  patent  for  the lode 

You  are  hereby  notified  that  of  the  city  of  ,  county  of ,  and 

of ,  and  a  citizen  of  the  United  States  of  America,  is  the  lawful  owner, 

and  enutled  to  the  possession  of hundred  feet  of  the  said —  lode  or  mine 

described  in  said  application,  as  shown  by  the  diagram  posted  on  said  claim,  and  the 
copy  thereof  filed  in  the  land  office  with  said  application,  and  as  such  owner  this  con- 
testant, the  said ,  does  protest  against  the  issuing  of  a  patent  thereon  to  said 

applicant,  and  does  dispute  and  contest  the  right  of  said  applicant  therefor. 

And  this  contestant  does  present  the  nature  of  his  adverse  claim,  and  does  fully  set 
forth  the  same  in  the  affidavit  hereto  attached,  marked  Exhibit  A,  and  the  further  ex- 
hioits  thereto  attached,  and  made  part  of  said  affidavit. 


5\ 


FORMS. 


The  said  therefore  respectfully  asks  the  said  Register  and  Receiver  t'Hat  ail 

further  proceedings  in  the  matter  be  stayed,  until  a  final  settlement  and  adjudication  of 
he  rights  of  this  contestant  can  be  had  in  a  court  of  competent  jurisdiction. 

(Place  and  Date.)  . 

EXHIBIT   A. 

of : — ,  County  of ,  ss. 

,  being  first  duly  sworn,  deposes  and  says,  that  he  is  a  citizen  of  the  United 

States,  born  in  the  State  of ,  and  is  now  residing  in ;  that  he  is  the  con 

testant  and  protestant  named  in,  and  who  subscribed  the  notice  and  protest  hereto  an 
nexed.  Affiant  further  says  that  he  is  the  owner  by  purchase  and  in  the  possession  of 

the  (adverse)  lode  or  vein  of  quartz  and  other  rock  in  place,  bearing and  othei 

metals.     That  the  said  lode  is  situated  in  the mining  district, county, 

o£ 

[  The  history  of  the  lode  should  be  given  in  full ;  for  instance,  as  follows .'] 

This  affiant  further  says,  that  on  the  day  of  location  the  premises  hereinafter  described 
were  mineral  lands  of  the  public  domain,  and  entirely  vacant  and  unoccupied,  and  were 
not  owned,  held,  or  claimed  by  any  person  or  persons  as  mining  ground  or  otherwise, 
and  that  while  the  same  were  so  vacant  and  unoccupied,  and  unclaimed,  to  wit : 

On  the day  of ,  18 — ,  (name  locators,)  each  and  all  of 

them  being  citizens  of  the  United  States,  entered  upon  and  explored  the  premises,  dis- 
covered and  located  the  said lode,  and  occupied  the  same  as  mining 

claims.     Th-U  the  said  premises  so  located  and  appropriated  consist  of 

feet  in  a erly  direction,  and feet  in  a erly  direction. 

as  will  fuUy  appear  by  reference  to  the  notice  of  location,  a  duly  certified  copy  whereof 
's  hereunto  annexed,  marked  Exhibit  B,  and  hereby  made  a  part  of  this  affidavit.  That 

he  locators,  after  the  discovery  of  the  said lode,  drove  a  stake  on  said  lode  on 

he  discovery  claim,  erected  a  monument  of  stone  around  said  stake,  and  placed  thereon 
a  written  notice  of  location  describing  the  claim  so  located  and  appropriated,  giving  the 
names  of  the  locators  and  quantity  taken  by  each,  and  after  doing  all  the  acts  and  per- 
forming all  the  labor  required  by  the  laws  and  regulations  of  said mining  district 

and  territory  of ,  the  locators  of  said  lode  caused  said  notice  to  be  filed  and  re- 
corded in  the  proper  books  of  record  in  the  Recorder's  office  in  said  district  on  the 
day  of ,  1 8— . 

Affiant  further  says,  that  the  said  locators  remained  continuously  in  possession  of  said 

lode,  working  upon  the  same,  and  within months  from  the  date  of  said  location 

had  done  and  performed  work  and  labor  on  said  location  in  mining  thereon  and  devel- 
oping the  same,  more  than days  work,  and  expended  on  said  location  more  than 

hundred  dollars,  and  by  said  labor  and  money  expended  upon   the  said  mining 

location  and  claim,  had  developed  the  same  and  extracted  therefrom  more  than 

tons  of  ore. 

.  And  affiant  further  says,  that  said  locators,  in  all  respects,  complied  with  every  custom, 
rule,  regulation,  and  requirement  of  the  mining  laws,  and  every  rule  and  custom  estab- 
lished and  in  force  in  said mining  district,  and  thereby  became  and  were  owners 

(except  as  against  the  paramount  title  of  the  United  States)  and  the  rightful  possessors 
of  said  mining  claims  and  premises. 

And  this  affiant  further  says,  that  said  locators  proved  and  established  to  the  satisfac 

bon  of  the  Recorder  of  said mining  district  that  they  had   fully  complied  with 

all  the  rules,  customs,  regulations,  and  requirements  of  the  laws  of  said  district,  and 

thereupon  the  said  Recorder  issued  to  the  locators  of  said lode,  certificates  con 

firming  their  titles  and  rights  to  said  premises.- 


FORMS.  5- 

That  the  said  lode  was  located  and  worked  by  the  said  locators  as  tenants  in  common, 
»nd  they  so  continued  in  the  rightful  and  undisputed  possession  thereof  from  the  time 

->f  said  location  until  on  or  about  die day  of ,  A.  D.  18 — ,  at  which  time  the 

said  locators  and  owners  of  said  lode  formed  and  organized  under  the  laws  of  the  State 

(or  Territory)  of ,and  incorporated  under  the  name  of  the  " ,"  and  on  the 

day  of ,  A.  D.  18 — ,  each  of  the  locators  of  said  lode  conveyed  said  lode 

and  each  of  their  rights,  tides,  and  interest  in  and  to  said  lode,  to  said  " mining 

company." 

On  the  said day  of  ,  18 — ,  die  said  company  entered  into  and  upon 

said lode,  and  was  seized  and  possessed  thereof  and  every  part  and  parcel  of  die 

same,  and  occupied  and  mined  tiiereon  until  die day  of ,  18 — ,  at  which 

time  die  said mining  company  sold  and  conveyed  die  same  to  diis  affiant,  which 

said  several  transfers  and  conveyances  will  fully  appear,  by  reference  to  die  abstract  of 
tide  and  paper  hereto  attached,  marked  Exhibit  D,  and  made  a  part  of  tiiis  affidavit 

[/»  case  of  individual  transfers.] 

And  tiiis  affiant  further  says,  that  die  said ,  who  located  claim north 

westerly  of  die  said lode,  and  die  said ,  who  located  claim north- 
westerly tiiereon,  was  seized  and  in  possession  of  said  claims,  and  occupied  and  mined 

tiiereon  until  the day  of ,  18 — ,  at  which  t'me  die  said and 

sold  and  conveyed  die  same  to ,  and  thereupon  die  said was  seized  and 

possessed  of  said  mining  claims  and  locations,  and  occupied  and  mined  tiiereon  until  the 

day  of  ,  1 8 — ,  at  which  time  die  said sold  and  conveyed  die 

same  to  tiiis  affiant,  as  will  fully  appear  by  reference  to  the  abstract  of  title  and  paper 
hereto  attached,  marked  Exhibit  D,  and  which  diis  affiant  hereby  makes  a  part  of  tiii 
his  affidavit. 

Affiant  further  says,  dial  he  is  now  and  has  been  in  die  occupation  and  possession  of 
die  said lode  since  die day  of ,  18 — ,  and  that  said  lode  and  min- 
ing claims  were  located,  and  die  title  tiiereto  established,  several before  said 

(applied  for) lode  was  located. 

Affiant  further  says,  tiiat  said lode,  as  shown  by  die  notice  and  diagram  posted 

on  said  claim,  and  the  copy  thereof  filed  in  the  United  States  Land  Office  at  said  — — — 

witii  said  application  for  a  patent,  crosses  and  overlaps  said lode,  and  embraces 

about hundred  feet  in  length  by hundred  feet  in  width  of  the  said 

lode,  die  property  of  diis  affiant,  as  fully  appears  by  reference  to  the  diagram  or  map 
duly  certified  by ,  United  States  Deputy  Surveyor,  hereto  attached,  marked  Ex- 
hibit C,  and  which  diagram  presents  a  correct  description  of  die  relative  locations  of  the 
said  (adverse)  lode,  and  of  die  pretended  (applied  for)  lode. 

Affiant  further  says,  that  he  is  informed  and  believes  that  said  applicant  for  patent 
well  knew  tiiat  affiant  was  die  owner  in  possession  and  entitled  to  die  possession  of  so 
much  of  said  mining  ground  embraced  witiiin  die  survey  and  diagram  of  said  applica- 
tions, as  is  hereinbefore  stated,  and  tiiat  tiiis  affiant  is  entitled  to  all  die and  other 

metal  in  said  (adverse)  lode,  and  all  tiiat  may  be  contained  widiin  a  space  of feet 

on  each  side  of  said  (adverse)  lode. 

And  affiant  further  says,  dial  diis  protest  is  made  in  entire  good  faidi,  and  witii  tbr 
sole  object  of  protecting  die  legal  rights  and  property  of  tiiis  affiant  in  die  said  (adverse 
lode  and  mining  premises. 

Subscribed  and  sworn  to  before  me  diis day  of ,  A.  D.  188-. 


56  I'ORMS. 

On  the  diagram  marked  Exhibit  C,  the  Surveyor  must  certify  in  effect,  as  follows : 
I  hereby  certify  that  the  above  diagram   correctly  represents  the  conflict  claimed  to 

exist  between  the and lodes,  as  actually  surveyed  by  me.     And  I  further 

certify,  that  the  value  of  the  labor  and  improvements  on  the  (adverse)  lode,  exceeds  five 
hundred  dollars,  and  said  improvements  consist  of  (state  in  full). 
(Place  and  Date.) 

,  U,  S.  Deputy  Surveyor. 

FORM  22.* 
Tunnel  Claim— Location  Certificate. 

Know  all  men  by  these  presents,  that  the  undersigned,  citizens  of  the  United  States,. 

have  this  — : day  of ,  188-,  claimed  by  right  of  location,  a  tunnel  claim,  for 

the  purpose  of  discovering  and  working,  veins,  lodes  or  deposits  on  the  line  thereof 
[cutting  the lode,  and  working  the lode].  Said  tunnel  claim  is  situ- 
ated in  the mining  district,  county  of ,  State  of ,  and  the  location 

and  bounds  of  said  tunnel  are  staked  on  the  surface  at  the  place  of  commencement  and 
termination  thereof,  as  well  as  along  the  line  thereof.  Said  claim  is  more  particularly 
described  as  follows :  [Describe  the  commencement  and  termination  by  reference  t« 
natural  objects  and  permanent  monuments,  and  the  line  by  courses  and  distances.} 

Dated ,  188-.  , 

Locator. 
FORM  23. 

Power  of  Attorney  to  Locate  and  Sail. 

Know  all  men  by  these  presents,  that  we,  the  undersigned  [names}, ,  citizen* 

ol  the  United  States,  have  made,  constituted  and  appointed  A.  B.  [some  third  person, 
who  will  locate  and  stake},  our  true  and  lawful  attorney  for  us,  and  in  our  names  to 

locate,  stake  and  record  for  us  each  lode  claims  and  placer  mining  ground  in  the , 

county, of ,  and  having  located  the  same,  to  bargain,  sell,  grant, 

release  and  convey  the  same,  entire  or  in  separate  parcels,  to  make  proper  deeds,  seal, 
acknowledge  and  deliver  the  same  to  such  persons  as  our  attorney  may  desire ;  hereby 
ratifying  and  confirming  all  lawful  acts  done  by  our  said  attorney  by  virtue  herepf. 

Witness  our  hands  and  seals,  this  — — —  day  of ,  18 — . 

[Names.} 
of ,  County  of ,  ss. 

On  this  day  of ,  18 — ,  before  me in  and  for  the  county  and 

State  aforesaid,  appeared personally  known  to  me  as  the  persons  whose  names 

are  subscribed  to  the  foregoing  power  of  attorney,  and  acknowledged  the  execution 
thereof  as  their  free  act  and  deed,  for  the  purposes  therein  mentioned. 

Given  under  my  hand  and seal  the  day  and  year  above  written. 


FORM  24. 
Notice  of  Right  to  Water. 

The  undersigned  claims  the  water  running  in  this stream  to  the  extent  orf 

inches  for  mining  purposes,  to  be  conveyed  by  (ditch  or  flume)  from  this  point 

to  the placer  claim. 

Dated ,  18— .  , 

Locator. 

NOTB — This  notice  is  to  be  posted  near  the  outlet,  and  the  following  form  is  to  be  duly  recorded 
the  district  or  county  Recorder's  office. 


>7,  and  a8,  are  from  Carpenter's  Mining  Code,  slightly  modified. 


FORMS.  r  -, 

FORM  25. 
Pre-emption  of  Right  of  Way  for  Ditch  and  Location  of  Water. 

To  whom  these  presents  may  concern,  know  ye,  that  I, ,  of  the  county  ot 

,  in  the  State  of ,  a  citizen  of  the  United  States,  do  hereby  declare  and 

publish  as  a  legal  notice  to  all  the  world,  that  I  claim,  and  have  a  valid  right  to  the 
occupation,  possession  and  enjoyment  of  all  and  singular,  that  tract  or  parcel  of  land 

lying  and  being  in  the  county  of ,  in  the  State  of ,  for  the  exclusive  right 

of  way  for  the  purpose  of  constructing  a   flume  or  water  ditch  from stream  to 

placer  claim,  more  particularly  described  as  follows :  Commencing  \_here  de- 
scribe the  exact  route  for  ditch  or  flume^\ 

I  also  claim,  and  have  a  valid  right  to  the  enjoyment  and  use  of inches  of 

water  from  said  stream  for  mining  purposes,  to  be  conveyed  through  such  flume  or  water 
ditch  to  said  claim,  together  with  all  and  singular,  the  hereditaments  and  appurtenances 
thereunto  belonging,  or  in  any  wise  appertaining. 

Witness  my  hand  and  seal  this day  of ,  A.  D.  18 — . 


Notice  posted  on  the  stream ,  1 8 — . 

Ditch  commence4  at  claim  or  at  stream ,  18 — . 

of ,  County  of- 


On  this  day  of ,  18 — ,  before  me,  a  in  and  for  the  county 

aforesaid,  in  the  State  aforesaid,  personally  appeared ,  to  me  personally  known 

to  be  the  person  who  executed  the  foregoing  written  instrument,  and  acknowledged  that 
ae  executed  the  same  for  die  use*  and  purposes  therein  set  forth. 
Witness  my  hand  and  official  seal.  . 

•      FORM  26. 
Mining  Deed. 

THIS  INDENTURE,  made  the  day  of ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  eighty,  between ,  of  the  county  of , 

and of  ,  party  of  the  first,  and ,  of  the  county  of , 

and of ,  party  of  the  second  part ; 

Witnesseth,  That  the  said  party  of  the  first  part,  for  and  in  consideration  of  the  sum 

of dollars,  lawful  money  of  the  United  States  of  America,  to  him  in  hand  paid 

by  the  said  party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  hath 
granted,  bargained,  sold,  remised,  released,  and  forever  quit-claimed,  and  by  these 
presents  does  grant,  bargain,  sell,  remise,  release,  and  forever  quit-claim,  unto  the  said 

party  of  the  second  part,  his  heirs  and  assigns,  the lode,  as  located,  surveyed, 

recorded,  and  held  by  said  party  of  the  first  part,  situated  in  mining  district, 

county, ,  together  with  all  the  dips,  spurs,  and  angles,  and  also  all  the 

metals,  ores,  gold  and  silver-bearing  quartz,  rock  and  earth  therein,  and  all  the  rights, 
privileges,  and  franchises  thereto  incident,  appendant  and  appurtenant,  or  therewith 
usually  had  and  enjoyed ;  and  also,  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and  the  rents,  issues, 
and  profits  thereof;  and  also,  all  die  estate,  right,  title,  interest,  property,  possession, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  said  party  of  the  first 
part,  of,  in  or  to  the  said  premises,  and  every  part  and  parcel  thereof,  with  the  appurte- 
nances. 

To  have  and  to  hold,  all  and  singular,  the  said  premises,  together  with  the  appurte- 
nances and  privileges  thereto  incident,  unto  the  said  party  of  the  second  part,  his  heir* 


5  8  FORMS. 

and  assigns  forever.  In  witness  whereof,  the  said  party  of  the  first  part  has  hereunto 
let  his  hand  and  seal  the  day  and  year  first  above  written. 

[SEAL.]  . 

— — —  of , County,  ss. 

I,  Richard  Roe,  a  Notary  Public  in  and  for  said  county,  in  the  State  aforesaid,  do 

hereby  certify  that ,  personally  known  to  me  to  be  the  person  whose 

name  is  subscribed  to  the  annexed  deed,  appeared  before  me  this  day  in  person,  and 
acknowledged  that  he  signed,  sealed  and  delivered  the  said  instrument  of  writing  as  his 
free  and  voluntary  act,  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and  official  seal,  this day  of ,  A.  D.  1 88-. 

[SEAL.]  RICHARD  ROE,  Notary  Public. 

FORM  27. 
Title  Bond  to  Mining  Property. 

Know  all  men  by  these  presents,  that  I,  John  W.  Newton,  party  of  the  first  part,  of 
the  county  of  Lake,  and  State  of  Colorado,  am  held  and  firmly  bound  unto  William  H. 
Hunt,  party  of  the  second  part,  of  the  county  of  Lake,  and  State  of  Colorado,  in  the 
penal  sum  of  ten  thousand  dollars,  lawful  money  of  the  United  States,  to  the  payment 
of  which  the  party  of  the  first  part  hereby  binds  himself,  his  heirs,  executors,  and  ad- 
ministrators. Witness  his  hand  and  seal  this  aoth  day  of  July,  1880.  The  conditions 
of  the  foregoing  obligations  are  such,  that  whereas,  the  above  bounden  party  of  the  first 
part,  in  consideration  of  the  sum  of.  five  dollars,  in  hand  paid,  has,  on  the  day  and  year 
aforesaid,  agreed  to  sell  to  the  party  of  the  second  part  the  following  described  mining 
property,  viz :  An  undivided  one-eighth  interest  in  and  to  the  Gilt  Edge  lode  claim,  as 
located,  surveyed,  recorded,  and  held,  situate,  lying  and  being  in  California  Mining 
District,  Lake  county,  Colorado,  together  with  all  and  singular,  the  improvements,  here 
itaments,  and  appurtenances  thereto  belonging,  or  in  any  wise  appertaining,  for  the 
sum  of  five  thousand  dollars,  to  be  paid  at  the  times  and  in  the  manner  following,  viz : 
One  thousand  dollars  on  or  before  August  20,  1880  ;  one  thousand  dollars  on  or  before 
September  20,  1880 ;  and  three  thousand  dollars  on  or  before  October  20,  1880;  which 
sums  of  money  are  to  be  paid  to  the  party  of  the  first  part,  in  person,  or  by  depositing  the 
same  to  his  credit  at  the  Vermont  National  Bank  of  St.  Albans,  at  the  times  aforesaid, 
and  time  shall  be  of  the  essence  of  these  conditions.  And  in  case  of  failure  of  the  party 
of  the  second  part,  or  his  assigns,  to  make  either  of  said  payments  at  the  times  mentioned, 
such  sum  or  sums  as  may  have  been  paid  hereunder,  shall  'be  forfeited  to  and  retained 
by  the  party  of  the  first  part,  as  a  penalty  and  for  liquidated  damages,  and  notice  of  for- 
feiture is  hereby  expressly  waived,  and  also  all  right,  demand  or  claim  for  the  balance 
or  any  of  said  sum  of  five  thousand  dollars,  is  hereby  expressly  waived  by  the  party  of 
the  first  part.  The  party  of  the  first  part,  his  heirs,  executors,  administrators,  and  as- 
signs, shall  on  the  2Oth  day  of  October,  1880,  or  at  any  time  before,  upon  payment  of 
said  sums  of  money  hereinbefore  mentioned,  make,  execute,  and  deliver  to  the  parry 
of  the  second  part,  or  to  such  person  or  persons  as  he  shall  designate,  good  and  sufficient 
deed  or  deeds  of  all  of  the  above  described  property,  conveying  a  clear  and  perfect  title 
(except  the  fee  simple  title  of  the  United  States),  free  from  all  incumbrances,  with  a 
covenant,  that  the  annual  expenditure  has  been  made  thereon  as  required  by  law.  Now, 
if  the  party  of  the  second  part  shall  fail  to  pay  the  sum  or  sums  of  money  as  hereinbefore 
provided,  and  if  the  party  of  the  first  part  shall  faithfully  perform  the  covenants  herein 
set  forth,  then  this  obligation  shall  be  null  and  void ;  otherwise,  to  be  and  remain  in 
fall  force  and  effect. 

[SEAL.]  JOHN  W.  NEWTON. 

State  of  Colorado,  Lake  county,  ss. 

Bt  ii  known,  That  on  this  2oth  day  of  July,  1880,  before  me,  personally  came  John 


FORMS.  59 

W.  Newton,  to  me  known  as  the  person  described  in,  and  who  executed  the  foregoing 
instrument  in  writing,  and  acknowledged  the  execution  thereof  to  be  his  free  act  an 
deed,  for  the  uses  and  purposes  therein  mentioned. 
Witness  my  hand  and  official  seal. 

[SEAL.]  ALEX.  G.  WATSON,  Notary  Public. 

FORM  28. 
Escrow  Agreement. 

The  inclosed  deed  of  the lode  is  hereby  placed  in  the Bank  of , 

in  escrow.  If  A.  B.  shall  place,  or  cause  to  be  placed  to  the  credit  of  C.  D.  and  E.  F., 
in  said bank  of  ,  on  or  before ,  188-,  the  full  sum  of dol- 
lars, then  and  in  that  case  the  said  bank  is  hereby  authorized  to  deliver  the  inclosed 
deed  to  A.  B.,  or  his  order.  In  case  the  said  A.  B.  shall  not  place,  or  cause  to  be 

placed,  to  the  credit  of  said  C.  D.  and  E.  F.,  in  said  bank,  the  full  sum  of dollars, 

on  or  before ,  188-,  then  the  said  bank  is  hereby  authorized  to  deliver  the  in- 
closed deed  to  the  said  C.  D.  and  E.  F.,  or  their  joint  order. 

(Signed)  C.  D. 

E.  F. 
A.  B. 

,  1 88-,  (Place  and  date). 

NOTB. — When  the  option  for  the  purchase  of  a  mine  is  desired  by  a  third  party,  it  is  the  safest  and 
best  plan  for  the  mine  owner  to  put  a  deed  in  escrow.  It  saves  incumbering  of  the  record,  and  any 
questions  that  might  arise  concerning  the  payment  of  money.  The  deed  should  be  a  warranty,  quit- 
claim, or  mining  deed,  as  agreed,  fully  executed  and  acknowledged,  ready  for  delivery,  put  in  a  sealed 
envelope,  and  placed  in  some  back,  or  left  with  some  responsible  person,  with  an  agreement  written 
pon  the  envelope,  as  above. 

FORM  29. 
Mining  Lease.* 

THIS  INDENTURE,  made  this  day  of  ,  in  the  year  of  our  Lord  on 

thousand  eight  hundred  and  eighty ,  between lessor  and lessee  01 

tenant;  Witnesseth,  That  the  said  lessor  for  and  in  consideration  of  the  rents,  royalties, 
covenants  and  agreements  hereinafter  reserved,  and  by  the  said  lessee  to  be  paid,  kept  and 

performed, granted,  demised  and  let,  and  by  these  presents  do  grant,  demise 

and  let  unto  the  said  lessee,  all  the  following  described  mine  and  mining  property, 

situated  in mining  district,  county  of , of ,  to  wit :    (Here 

description  of  property.)     Together  with  the  appurtenances to  have  and  to  hold 

unto  the  said  lessee  or  tenant  for  the  term  of from  the  date  hereof,  expiring  at 

noon  on  the day  of ,  A.  D.  iS8-,  unless  sooner  forfeited  or  determined 

through  the  violation  of   any  covenant    hereinafter  against   the  said   tenant   

reserved. 

And  in  consideration  of  the  said  demise,  the  said  lessee  does  covenant  and  agree  with 
said  lessor  as  follows,  to  wit : 

To  enter  upon  said  mine  or  premises  and  work  the  same  mine  fashion,  in  manner 
necessary  to  good  and  economical  mining,  so  as  to  take  out  the  greatest  amount  of  ore 
possible,  with  due  regard  to  the  safety,  development  and  preservation  of  the  said  prem- 
ises as  a  workable  mine. 

(Here  insert  special  covenants  for  dead  work,  etc.) 
*  From  Morrison's  Mining  Rights  in  Colorado. 

NOTB.— The  covenants  of  a  mining  lease  are  peculiar,  and  cannot  be  too  particularly  stated  in  th« 
nstrument.  If  for  more  than  one  year,  it  should  be  in  writing,  and  recorded. 

Instead  of  a  lease  a  license  may  be  granted.  The  distinctions  between  a  lease  and  a  license  are 
echnicai,  but  important. 

A  license,  usually,  is  not  exclusive,  and  invests  no  property  in  the  mineral  until  severed.  Work 
lone  for  lessees  cannot  subject  the  ground  tc  a  miner's  lien. 


6o  FORMS. 

To  work  and  mine  said  premises  as  aforesaid  steadily  and  continuously  from  the 

date  of  this  lease  :  and  that  any  failure  to  work  said  premises  with  at  least  

persons  employed  underground  for  the  space  oi  consecutive  days  may  be  con- 
sidered a  violation  of  this  covenant. 

To  well  and  sufficiently  timber  said  mine  at  all  points  where  proper,  in  accord- 
ance with  good  mining ;  and  to  repair  all  old  timbering  wherever  it  may  become 
necessary. 

To  allow  said  lessor  and agents  to  enter  upon  and  into  all  parts  of  said  mine 

for  the  purpose  of  inspection,  with  use  of  all  passages,  ropes,  windlass,  ladder-ways, 
and  all  other  means  of  ingress  and  egress  for  such  purpose. 

To  not  assign  this  lease,  or  any  interest  thereunder,  and  to  not  sublet  the  said  prem- 
ises or  any  part  thereof,  without  the  written  assent  of  said  lessor,  and  to  not  allow  any 
person  or  persons  except  the  said  lessee  and workmen  to  take  or  hold  posses- 
sion of  said  premises  or  any  part  thereof  under  any  pretence  whatever. 

To  occupy  and  hold  all  cross  or  parallel  lodes,  dips,  spurs,  feeders,  crevices  or  min- 
eral deposits  of  any  kind,  which  may  be  discovered  in  working  under  this  lease,  or  in 

any  tunnel  run  to  intersect  said lode,  or  by  the  said  lessee  or  any  person  or 

persons  under ,  in  any  manner  at  any  point  within feet  of  the  centre  line 

of  said  lode,  as  the  property  of  said  lessor ;  with  privilege  to  said  lessee  of  working 
the  same  as  an  appurtenance  of  said  demised  premises,  during  the  term  of  this  lease ; 
and  to  not  locate  or  record  the  same,  or  allow  the  same  to  be  located  or  recorded,  ex- 
cept in  the  name  of  said  lessor. 

To  keep  at  all  times  the  drifts,  shafts,  tunnels,  and  other  passages  and  workings  of 
said  demised  premises,  thoroughly  drained  and  clear  of  loose  rock  and  rubbish  of  all 
inds. 

To  pay  and  deliver  to  said  lessor  as  royalty, of  all  ore  to  be  extracted  from 

aid  premises  during  said  term,  of  like  assay  to  that  retained  by  said  lessee,  delivered 

at  as  soon  as  mined,  without  offset,  deduction,  or  charge  whatever,  except 

lessor's  proportion  for  packing. 

To  deliver  up  to  said  lessor  the  said  premises,  with   the  appurtenances  and  all 

improvements in  good  order  and  condition,  with  all  shafts  and  tunnels  and 

othei  passages  thoroughly  clear  of  rubbish  and  drained,  and  the  mine  in  all  points 
ready  for  immediate  continued  working  (accidents  not  arising  from  negligence  alone 

excusing),  without  demand  or  further  notice,  on  said  day  of  ,  A.  D. 

1 88-,  at  noon  or  at  any  time  previous,  upon  demand  for  forfeiture. 

And  finally,  upon  the  violation  by  said  lessee,  or  any  person  under ,  of  any 

covenant  or  covenants  hereinbefore  reserved,  the  term  of  this  lease  shall,  at  the  option 
of  said  lessor,  expire,  and  the  same  and  said  premises  with  the  appurtenances  shall 

become  forfeit  to  said  lessor :  and  said  lessor  or agent  may  thereupon,  after 

demand  of  possession  in  writing,  enter  upon  said  premises  and  dispossess  all  persons 
occupying  the  same,  with  or  without  force,  and  with  or  without  process  of  law;  or  at 
the  option  of  said  lessor,  the  said  tenant  and  all  persons  found  in  occupation  may  be 
proceeded  against  as  trespassers  from  the  beginning  of  said  term  both  as  to  realty  and 
the  ore  served  therefrom ;  or  as  guilty  of  unlawful  detainer. 

Each  and  every  clause  and  covenant  of  this  Indenture  shall  extend  to  the  heirs, 
executors,  and  administrators  of  all  parties  hereto  :  and  to  the  assigns  of  said  lessor : 
and  as  said  lessor  may  elect,  to  the  assigns  of  said  lessee. 

In  witness  whereof,  The  said  parties,  lessor  and  lessee,  have  hereunto  set  their 
hands  and  seals. 

.  .  [SKAL.-| 

.   [SEAL.] 


STATE  AND  TERRITORIAL  MINING  IM 

ARIZONA. 

TITLE  XLVI— MINES. 
Chapter  One — Location,  Registry  and  Working. 

2349  (SECTION  i).   Mining  Districts. — The  mining  districts  here- 
tofore or  hereafter  created  in  the  several  counties  of  this  territory  are 
hereby  authorized  and  empowered  to  make  all  necessary  rules  and 
regulations  for  the  location,  registry,  and  working  of  mines  therein : 
Provided,  That  all   locations  and    registrations  of  mines  and  mineral 
deposits  hereafter  made  in  any  of  the  said  districts  shall  be  filed  wit* 
the  county  recorder  for  record,  within  sixty  days  after  the  same  shall 
have  been  located. 

2350  (SEC.     2).   County    Recorders — Fees. — The    county    re« 
corders  of  the  several  counties  are  authorized  and  required  to  procur* 
suitable  books  in  which  the  records  of  all  mines  and  mineral  deposit9 
shall  be  kept,  which  said  books  shall  be  paid  for  out  of  the  county 
treasury. 

2351  (SEC.  3).   Prior  Locations. — Nothing  in  this  act  shall  be  so 
construed  as  to  affect  the  claims  to  mines  and     ineral  deposits  hereto- 
fore located  and  duly  recorded. 

Chapter  Two — Drainage. 

2352  (SEC.  4).   Common  Drainage. — Whenever  adjacent  or  con- 
tiguous mines,  occupied  and  worked  upon  the  same  or  upon  separate 
lodes,  have  a  common  ingress  of  water  or  by  reason  of  subterranean 
communication  of  water  have  a  common  drainage,  it  shall  be  the  duty 
of  the  owners,  lessees  or  occupants  of  said  mine  so  related,  to  provide 
for  their  proportionate  share  of  such  drainage  or  to  prevent  the  water 
in  such  mine  from  flowing  in  or  upon  neighboring  mines,  thereby  im- 
posing upon  them  an  unjust  burden 

2353  (SEC.   5).   Failure   or  Neglect. — If  any  owners,  lessees  or 
occupants  of  any  such  mine  shall  fail  or  neglect  to  provide  for  the 
drainage  thereof  and  by  reason  of  such  failure  or  neglect  the  owners, 
lessees  or  occupants  of  any  adjacent  or  contiguous  mine  are  compelled 
to  pump  or  drain  or  otherwise   provide  for  the  water  flowing  in  from 
such  first-mentioned  mine,  then  and  in  such  event  the  owners,  lessees 
or  occupants  of  the  mine  so  in  default  shall  pay  respectively  to  those 
performing  the  work  of  drainage  their  proportion  of  the  actual  and 
necessary  cost  and  expense  of  pumping,  draining  or  otherwise  provid- 

(61) 


62  STATE  AND  TERRITORIAL  MINING  LAWS. 

ing  for  said  water,  and  if  they  fail  or  refuse  to  make  such  payment  the 
same  may  be  recovered  by  an  action  in  any  court  of  competent  juris- 
diction. 

2354  (SEC.    6.)  Corporation. — It  shall  be  lawful  for  all  mining 
corporations  or  companies  and  all  individuals  engaged  in  mining  hav- 
ing thus  a  common  interest  in  draining  such  mines,  to  unite  for  the 
purpose  of  effecting  the  same  under  such  common  name  and  upon 
such  terms  and  conditions  as  may  be  agreed  upon  ;  and  every  such 
association  having  filed  a  certificate  of  incorporation,  as  provided  by 
law,  shall  be  deemed  a  corporation,  with  all  the  rights,  incidents  and 
liabilities  of  a  body  corporate  so  far  as  the  same  may  be  applicable. 

2355  (SEC.  7).   Failure  to  Agree. — Failing  mutually  to  agree  as 
indicated  in  the  preceding  section  for  drainage  jointly,  one  or  more  of 
said  parties  may  undertake  the  work  of  drainage  after  giving  reason- 
able notice  to  the  other  parties  interested  as  aforesaid,  and  should  the 
remaining  parties  then  fail,  neglect  or  refuse  to  unite  in  equitable  ar- 
rangements for  doing  or  sharing  the  expense  thereof,  they  shall  be 
subject  to  an  action  therefor,  as  already  specified,  to  be  enforced  in 
any  court  of  competent  jurisdiction. 

2356  (SEC.  8).  Inspection  and  Examination. — When  an  action 
is  commenced  as  provided  herein,  to  recover  the  costs  and  expenses 
for  draining  a  lode  or  mine,  it  shall  be  lawful  for  the  plaintiff  to  apply 
to  the  court  or  to  the  judge  thereof,  in   vacation,  for  an  order  to  in- 
spect and  examine  the  lodes  and  mines  claimed  to  have  been  drained 
by  the  plaintiff,  and  upon  affidavit  that  such  inspection  or  examination 
is  necessary  for  a  proper  preparation  of  the  case  for  trial,  the  court  or 
judge  shall  grant  an  order  for  the  underground  inspection  and  exam- 
ination of  the  lode  or  mine  described  in  the  petition.     Such  order 
shall  designate  the  number  of  persons,  not  exceeding  three  besides  the 
plaintiff  or  his  representative,  who  may  examine  and  inspect  such 
lode  and  mines  and  take  measurements  for  the  purpose  of  showing  the 
amount  of  water  taken  from   the  lode  or  mine,  or  the  number  of 
fathoms  of  ground  mined  and  worked    out  of  the  lodes  or  mines 
claimed  to  have  been  drained,  the  cost  of  such  examination  and  in- 
spection to  be  borne  by  the  party  applying  therefor.     The  court  or 
judge  shall  have  power  to  cause  the  removal  of  any  rock,  debris  or 
other  obstacles  in  any  lode  or  vein  when  such  removal  is  shown  to  be 
necessary  to  a  just  determination  of  the  question  involved  ;  Provided, 
That  no  such  order  for  inspection  and  examination  shall  be  made  ex- 
cept upon  notice  of  at  least  three  days,  nor  unless  it  appears  that  the 
plaintiff  has  been  refused  the  privilege  of  making  the  examination  by 
the  defendant,  his  or  their  agent. 

2357.  (SEC.  9).  Undeveloped  Mines. — The  provisions  of  this 
act  shall  not  apply  to  unopened  or  undeveloped  mines,  but  shall  ap- 
ply to  all  opened  and  developed  mines  which  derive  a  benefit  from  be- 
ing drained.  [Took  effect  immediately.] 

Approved  March  10,  1887. — Revised  Statutes,  1887,  p.  412. 


STATE  AND  TERRITORIAL  MINING  LAWS.  63 

TITLE  LXIII.     WATER  AND  WATER  RIGHTS. 
Chapter  One— Riparian  Rights. 

3198.  (SEC.  i).   Riparian  Rights. — The  common  law  doctrine  of 
riparian  water  rights,  shall  not  obtain  or  be  of  any  force  or  effect  in 
this  territory. 

(Took  effect  immediately.) 

Chapter  Two  —Irrigating  Canals  and  Acequias. 

3199.  (SEC.  i).   Public  Streams. — All  rivers,  creeks,  and  streams 
of  running  water  in  the  territory  of  Arizona  are  hereby  declared  pub- 
lic, and  applicable  to  the  purposes  of  irrigation  and  mining,  as  herein- 
after provided. 

3200.  (SEC.  2.)  Established  Acequias. — All  rights  in  acequias, 
or  irrigating  canals,  heretofore  established  shall  not  be  disturbed,  nor 
shall  the  course  of  such  acequias  be  changed  without  the  consent  of 
the  proprietors  of  such  established  rights. 

3201.  (SEC.  3.)  Construction  of  Acequias. — All  the  inhabitants 
of  this  territory,  who  own  or  possess  arable  and  irrigable  lands,  shall 
have  the  right  to  construct  public  or  private  acequias,  and  obtain  the 
necessary  water  for  the  same  from  any  convenient  river,  creek  or  stream 
of  running  water. 

3202.  (SEC.  4.)  Private  Lands. — Whenever  such  public  or  private 
acequias  shall  necessarialy  run  through  the  lands  of  any  private  indi- 
vidual not  benefited  by  said  acequias,  the  damage  resulting  to  such 
private  individuals,  on  the  application  of  the  party  interested,  shall  be 
assessed  by  the  probate  judge  of  the  proper  county  in  a  summary 
manner. 

3203.  (SEC.   5.)    Obstructions.— No  inhabitant  of  this  territory 
shall  have  the  right  to  erect  any  dam,  or  build  a  mill,  or  place  any 
machinery,  or  open  any  sluice,  or  make  any  dike,  except  such  as  are 

^sed  for  mining  purposes  or  the  reduction  of  metals,  as  provided  for 
'in  sections  six  and  seven  of  this  chapter,  that  may  impede  or  obstruct 
the  irrigation  of  any  lands  or  fields,  as  the  right  to  irrigate  the  fields 
and  arable  lands  shall  be  preferable  to  all  others ;  and  the  justices  of 
the  peace  of  the  respective  precincts  shall  hear  and  determine  the  ques- 
tion relative  to  all  such  obstructions  in  a  summary  manner,  and  cause 
the  removal  of  the  same  by  order  directed  to  the  constable  of  the  pre- 
cinct or  sheriff  of  the  county,  who  shall  proceed  to  execute  the  same 
without  delay. 

3204.  (SEC.  6.)  Mining  Apparatus.— Where  reduction  works  or 
other  mining  apparatus  shall  be  placed  upon  lands  previously  held  for 
agricultural  purposes,  the  person  or  persons  so  holding  such  lands  shall 
be  entitled  to  remuneration  from  the  person  or  persons  erecting  or 
owning  said  reduction  works  or  mining  apparatus.     The  amount  ol  re- 
muneration shall  be  adjudged  by  three  or  five  disinterested  persons  or 
by  the  probate  judge,  as  the  parties  interested  shall  agree,  and  in  case 
such  agreement  cannot  be  made,  then  the  party  injured  may  bring  suit 
for  damages. 

3205.  (SEC.  7.)  Water  Right.— When  any  ditch  or  acequia  shall 


64  STATE  AND  TERRITORIAL  MINING  LAWS. 

be  taken  out  for  agricultural  purposes,  the  person  or  persons  so  taking 
out  such  ditch  or  acequia  shall  have  the  exclusive  right  to  the  water, 
or  so  much  thereof  as  shall  be  necessary  for  said  purposes,  and  if  at  any 
time  the  water  so  required  shall  be  taken  for  mining  operations,  the 
person  or  persons  owning  said  water  shall  be  entitled  to  damages,  to 
be  assessed  in  the  manner  provided  in  section  six  of  this  chapter. 

3206  (SEC.  8).   Field  Paths. — All  by-paths  or  foot-paths  across 
any  cultivated  fields  are  prohibited,  under  penalty  of  a  fine  not  to  ex- 
ceed ten  dollars,  for  the  benefit  of  the  public  acequia,  to  be  assessed  in 
a  summary  manner  by  the  justice  of  the  peace  of  the  precinct ;  and  if 
the  person  so  offending  shall  not  have  wherewith  to  pay  the  fine,  he 
shall  be  adjudged  and  sentenced    to  work  ten    days  on    the  public 
acequia. 

3207  (SEC.  9).   Labor. — All  owners  and  proprietors  of  arable  and 
irrigable  land  bordering  on,  or  irrigable  by,  any  public  acequia,  shall 
labor  on  such  public  acequia,  whether  such  owners  or  proprietors  cul 
tivate  the  land  or  not. 

3208  (SEC    10).  Proportionate  Labor. — All  persons  interested 
in  a  public  acequia,  whether  owners  or  lessees   of  land,  shall  labor 
thereon  in  proportion  to  the  amount  of  land  owned  or  held  by  them, 
and  which  may  be  irrigated  or  subject  to  irrigation. 

3209  (SEC.  u).   Damage  by  Animals. — It  being  impracticable 
to  properly  inclose  the  fields  in  this  territory,  all  animals  shall  be  kept 
under  a  shepherd,  so  that  no  injury  may  result  to  the  fields  ;  and  if  any 
damage  should  result,  it  shall  be  paid  by  the  owners  of  the  animals 
causing  the  same,  to  be  assessed  by  the  justice  of  the  peace  of  the  pre- 
cinct in  a  summary  manner,  and  paid  to  the  person  or  persons  whose 
fields  may  have  been  damaged. 

3210  (SEC.  12).   Damages. — In  case  a  community  or  people  de 
sire  to  construct  an  acequia  in  any  part  of  this  territory,  and  the 
persons  desiring  to  construct  the  same  are  the  owners  or  proprietors  of 
the  land  upon  which  they  design  constructing  the  said  acequia,  no  one 
shall  be  bound  to  pay^ damages  for  such  lands,  as  all  persons  interested 
in  the  construction  of' said  acequia  are  to  be  benefited  thereby. 

3211  (SEC.   13).  Overseers.— Immediately  after  the   publication 
of  this  chapter,  it  shall  be  the  duty  of  the  several  justices  of* the  peace 
in  this  territory  to  call  together,  in  their  respective  precincts,  all  the 
owners  and  proprietors  of  land,  irrigated  by  any  public  acequia,  for 
the  purpose  of  electing  one  or  more  overseers  for  said  acequia  for  the 
corresponding  year. 

3212  (SEC.    14).   Elections. — The   manner    of    conducting   such 
elections.,   and  the  number  of  overseers,   shall  be  regulated  by  the 
justices  of  the  peace  of  their  respective  precincts ;  and  the  only  per- 
sons entitled  to  vote  at  said  elections  shall  be  the  owners  and  proprie- 
tors of  lands  irrigated  by  said  acequias. 

3213  (SEC.  15).   Overseers'   Pay. — The  pay  and  perquisites  of 
said  overseers  shall  be  determined  by  a  majority  of  the  owners  and 
proprietors  of  the  lands  irrigated  by  said  acequias,  and  paid  by  them. 

3214  (SEC.  16).  Overseers'   Duty. — It  shall  be  the  duty  of  the 
overseers  to  superintend  the  opening,  excavation  and  repairs  of  said 
acequias ;  to   apportion   the   number   of   laborers   furnished    by   the 


STATE  AND  TERRITORIAL  MINING  LAWS.  65 

owners  and  proprietors ;  to  regulate  them  according  to  the  quantity  of 
land  to  be  irrigated  by  each  one  from  said  acequia ;  to  distribute  and 
apportion  the  water  in  proportion  to  the  quantity  to  which  each  one 
is  entitled,  according  to  the  land  cultivated  by  him;  and,  in  making 
such  apportionment,  he  shall  take  into  consideration  the  nature  of  the 
seed  sown,  or  planted,  the  crops  and  plants  cultivated ;  and  to  con- 
duct and  carry  on  such  distribution  with  justice  and  impartiality. 

3215  (SEC.  17).   Scarcity  of  Water. — During  years  when  a  scar- 
city of  water  shall  exist,  owners  of  fields  shall  have  precedence  of  the 
water  for  irrigation,  according  to  the  dates  of  their  respective  titles  or 
their  occupation  of  the  lands,  either  by  themselves  or  their  grantors. 
The  oldest  title  shall  have  the  precedence  always. 

3216  (SEC.    18).   Laborers. — It  shall  be  the  duty  of  each  of  the 
owners  and  proprietors  to  furnish  the  number  of  laborers  required  by 
the  overseer,  at  the  time  and.  place  he  may  designate,  for  the  purposes 
mentioned  in  the  foregoing  section,  and  for  the  time  he  may  deem 
necessary. 

3217  (SEC    19).  Overseers'  Neglect. — If  any  overseer  of  any 
public  acequia,  after  having  undertaken  to  serve  as  such,  shall  wilfully 
neglect  or  refuse  to  fulfill   the  duties  required  of  him  by  this  chapter, 
or  conduct  himself  with  impropriety  or  injustice  in  this  office  as  over- 
seer ;  or  take  any  bribe  in  money,  property  or  otherwise,  as  an  induce- 
ment to  act  improperly ;  or  neglect  the  duties  of  his  office,  he  shall  be 
fined   for  each  of  said  offenses  in  a  surr  not  exceeding  one  hundred 
dollars  nor  less  than  fifty  dollars,  to  be  recovered  before  any  justice  oi 
the  peace  of  the  county — one  half  of  which  shall  be  paid  to  the  county 
and  the  other  half  to  the  person  bringing  suit  for  the  same — the  said 
suit  to  be  brought  in  the  name  of  the  Territory  of  Arizona ,  and  said 
overseer,  on  being  convicted  a  second  time,  shall  be  removed  from  his 
office  by  the  justice  of  the  peace  of  the  precinct;  and  shall  take  such 
pay  and  perquisites  as  may  be  due  him  for  services  rendered. 

3218  (SEC.  20).     Removal  of  Overseer.— Upon  such  removal, 
the  justice  of  the  peace  shall  order  a  new  election  to  fill  the  vacancy 
thereby  occasioned,  which  shall  be  conducted  in  the  manner  prescribed 
in  the 'thirteenth  and  fourteenth  sections  of  this  chapter. 

3219  (SEC.  21).     Fines. — If  any  owner  or  proprietor  of  land  irri- 
gated by  such  acequia  shall  neglect  or  refuse  to  furnish  the  number  of 
laborers  required  by  the  overseer,  as   required  in  the   i8th  section  of 
this  chapter,  after  having  been  duly  notified  by  the  overseer,  he  shall 
be  fined  for  each  offense,  in  a  sum  not  exceeding  ten  dollars,  for  the 
benefit  of  said  acequia,  which  shall  be  recovered  by  the  overseer  before 
any  justice  of  the  peace  in  the  county ;  and,  in  such  cases,  the  over- 
seer shall  be  a  competent  witness  to  prove  the  offense  or  any  fact  that 
may  serve  to  constitute  the  same. 

3220  (SEC.  22).     Obstruction  or  Improper  Use  of  Water. — 
If  any  person  shall  in  any  manner  interfere  with,  impede  or  obstruct 
any  of  said  acequias,  or  use  the  water  from  it  without  the  consent  of 
the  overseer,  except  as  provided  in  section  seven  of  this  chapter,  dur- 
ing the  time  of  cultivation,  he  shall  pay  for  each  offense  a  sum  not 
exceeding  ten  dollars,  which  shall  be  recoverable  in  the  manner  pre- 
scribed in  the  foregoing  section  for  the  benefit  of  said  acequia ;  and 

5 


66  STATE  AND  TERRITORIAL  MINING  LAWS. 

he  shall  further  pay  all  damages  that  may  have  occurred  to  the  injured 
parties  j  and  if  such  person  has  not  wherewith  to  pay  said  fine  and 
damages,  he  shall  be  sentenced  to  fifteen  days'  labor  on  said  public 
acequia. 

3221  (SEC.  23).     Fines  and  Forfeitures. — All  fines  and  forfeit- 
ures, recovered  for  the  use  and  benefit  of  any  public  acequia,  shall  be 
applied  by  the  overseers  to  the  improvements,  excavations  and  repairs, 
which  may  be  necessary  on  said  acequia,  and  for  the  construction  of 
bridges  where  they  may  be  crossed  by  any  public  street  or  road. 

3222  (SEC.  24).     Appeal. — In  all  cases  of  conviction  under  this 
chapter,  an  appeal  shall  be  allowed  to  the  probate  court,  which  appeal 
shall  be  taken  and  conducted  as  all  other  appeals  from  the  decisions  of 
the  justices  of  the  peace. 

3223  (SEC.  25).     When   Law   Enforced. — The  regulations  of 
acequias,  which  have  been  worked  according  to  the  laws  and  customs 
of  Sonora  and  the  usages  of  the  people  of  Arizona,  shall  remain  as 
they  were  made  and  used  up  to  this  day,  and  the  provisions  of  this 
chapter  shall  be  enforced  and  observed  from  the  day  of  its  publication. 

3224  (SEC.  26).     Plants  and  Trees. — All  plants  and  trees  of  any 
description  growing  on  the  banks  of  any  acequia  shall  belong  to  the 
owners  of  the  land  through  which  said  acequia  may  run. 

3225  (SEC.    27).     Spring  or   Running   Stream. — Any  person 
owning  lands  which  may  include  a  spring  or  stream  of  running  water, 
or  owning  lands  upon  a  river  where  there  is  not  population  sufficient 
to  form  a  public  acequia,  may  construct  a  private  acequia  for  his  own 
uses,  subject  to  his  own  regulations,  provided  it  does  not  interfere  with 
the  rights  of  others. 

3226  (SEC.  28).     Repeal. — All  laws  conflicting  with  the  provis- 
ions of  this  chapter  are  hereby  repealed. 

Approved,  March  10,  1887. 

(NOTE. — The  foregoing  chapter  is  compiled  and  taken  from  the  Compiled  Laws, 
Chapter  LV.,  p.  538.  There  was  no  legislation  upon  the  subject  by  the  fourteenth 
legislature  (1887),  and  this  chapter  remains  unchanged.) 

An  Act  Relating  to  Mines  and  Mining  Claims. 

Be  it  enacted,  etc. 

SECTION  i.  Any  person  or  persons,  who  has  or  may  hereafter  locate 
a  valid  mining  claim  in  this  Territory  under  the  laws  of  the  United 
States,  or  of  the  Territory  of  Arizona,  shall  be  lawfully  entitled  to  the 
right  of  way  over  all  adjoining  or  adjacent  mines  or  mining  claims  for 
the  purpose  of  transporting  supplies,  material  or  ores,  used  upon  or 
taken  from  the  claim  or  claims  so  entitled  to  the  right  of  way;  and  it 
shall  be  lawful  in  the  exercise  of  this  right  of  way  to  construct  such  a 
road,  tramway  or  railway,  as  may  be  necessary  to  transport  such  supplies, 
materials  or  ores;  provided,  that  no  such  right  of  way  shall  be  exercised 
in  such  a  manner  as  to  inconvenience  or  embarrass  the  owner  or  owners 
of  such  adjoining  or  adjacent  claim  or  claims  ;  and  provided,  also,  that 
the  owner  or  owners  of  said  adjoining  or  adjacent  claim  or  claims  shall 
be  entitled  to  remuneration  from  the  person  or  persons  claiming  such 
right  of  way  ;  the  amount  of  such  remuneration,  and  the  manner  of 


STATE  AND  TERRITORIAL  MIXING  LAWS.  67 

ascertaining  the  same,  to  be  regulated  by  the  rules  and  regulations  as 
prescribed  by  an  act  of  the  Territorial  Legislature,  entitled  "an  act 
providing  for  constructing  and  maintaining  toll  roads,  bridges  and 
ferries  in  Arizona  Territory."  Approved  February  x 8,  1871. 

SEC.  2.  All  acts,  and  parts  of  acts,  in  conflict  with  the  provisions 
of  this  act,  are  hereby  repealed. 

SEC.  3. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
1  assage. 

Approved  March  12,  1881. 

[Laws  of  1881,  p.  167.] 

An  Act  to  Protect  Landmarks. 

Be  it  enacted,  etc. 

SECTION  i.  That  if  any  person  or  persons  shall  wilfully  and  mali- 
ciously deface,  remove,  pull  down,  injure  or  destroy  any  location  stake, 
side  post,  corner  post,  landmark  or  monument,  or  any  other  legal  land 
boundary  monument  in  this  Territory,  designating  or  intending  to  desig- 
nate the  location,  boundary  br  name  of  any  mining  claim,  lode  or  vein 
of  mineral,  or  the  name  of  the  discoverer,  or  date  of  discovery  thereof, 
the  person  or  persons  so  offending  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  fined  not  more  than  one  thousand 
dollars  or  imprisoned  not  more  than  one  year,  at  the  discretion  of  the 
court;  provided,  that  this  act  shall  not  apply  to  abandoned  property. 

SEC.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  2ist,  1883. 

[Laws  of  1883,  p.  31.] 

An  Act  to  Encourage  Mining 

Be  it  enacted^  etc. 

SECTION  i.  That  no  lands  taken  up  or  held  as  mining  claims  under 
the  laws  of  the  United  States  shall  be  held  or  used  for  agricultural  pur- 
poses, or  irrigated  from  any  stream  of  water,  unless  there  should  be  more 
water  in  such  stream  than  is  required  or  used  for  mining  purposes;  and 
the  use  of  water  for  the  purpose  of  irrigating  such  land  for  agricultural 
purposes  shall  not  vest  in  the  person  so  using  the  same  any  right  to 
such  water,  as  against  a  subsequent  appropriation  for  mining  purposes. 

SEC.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  12,  1881. 

[Laws  of  1881,  p.  162.] 

An  Act  Relating  to  Co-Owners  in  Mines  and  Mining     . 
Claims. 

SECTION  i.  Notice. — Whenever  a  co  owner  or  co  owners  shall  give 
to  a  delinquent  co-owner  or  co-owners  the  notice  in  writing  or  notice 
by  publication  provided  for  in  Section  2324  of  the  Revised  Statutes 
of  the  United  States,  an  affidavit  of  the  person  giving  such  notice, 
stating  the  time,  place,  manner  of  service,  and  by  whom  and  upon 


68  STATE  AND  TERRITORIAL  MINING  LAWS. 

whom  such  service  was  made,  shall  be  attached  to  a  true  copy  of  such 
notice,  and  such  notice  and  affidavit  must  be  recorded  in  the  office  of 
the  county  recorder  of  the  county  in  which  the  mining  claim  is  situ- 
ate ;  within  ninety  (90)  days  after  the  giving  of  such  notice,  or,  if 
such  notice  is  given  by  publication  in  a  newspaper,  there  shall  be 
attached  to  a  printed  copy  of  such  notice  an  affidavit  of  the  editor, 
publisher  or  foreman  of  such  paper,  an  affidavit  stating  the  date  of  the 
first,  last,  and  each  insertion  of  such  notice  therein,  and  when  and 
where  the  newspaper  was  published  during  that  time,  and  the  name  of 
such  newspaper.  Such  affidavit  and  notice  shall  be  recorded  as  afore- 
said within  one  hundred  and  eighty  days  after  the  first  publication 
thereof. 

SECTION  2.  Evidence. — The  original  of  such  notice  and  affidavits 
or  the  records  thereof  shall  be  evidence  that  the  delinquent  mentioned 
in  said  Section  2324  has  failed  or  refused  to  contribute  his  proportion 
of  the  expenditure  required  by  that  Section,  and  of  the  services  or 
publication  of  said  notice,  provided  the  writing  or  affidavit  hereinafter 
provided  for  is  not  of  record. 

SECTION  3.  Payment. — If  such  delinquent  shall,  within  the  ninety 
days  required  by  Section  2324  aforesaid,  contribute  to  his  co-owner  or 
co  owners  his  proportion  of  such  expenditures,  such  co-owner  or  co- 
owners  shall  sign  and  deliver  to  the  delinquent  or  delinquents  a  writ 
ing,  stating  that  the  delinquent  or  delinquents  by  name,  has  within  the 
time  required  by  Section  2324  of  the  Revised  Statutes  of  the  United 

States  contributed  his  share  for  the  year ,  upon  the mine, 

and  further  stating  therein  the  district,  county  and  Territory  where 
the  same  is  situate  and  the  book  and  page  where  the  location  notice  is 
recorded ;  such  writing  shall  be  recorded  in  the  office  of  the  County 
Recorder  of  said  county. 

SECTION  4.  Penalty. — If  such  co-owner  or  co  owners  shall  fail  to 
sign  and  deliver  such  writing  to  the  delinquent  or  delinquents  within 
twenty  days  after  such  contribution,  the  co-owner  or  co  owners  so  fail- 
ing as  aforesaid  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to 
be  recovered  by  any  person  for  the  use  of  the  delinquent  or  delinquents 
in  any  court  of  competent  jurisdiction.  If  such  co-owner  or  co-owners 
fail  to  deliver  such  writing  within  said  twenty  days,  then  the  delin- 
quent, with  two  disinterested  persons  having  personal  knowledge  of 
such  contribution,  may  make  affidavit,  setting  forth  in  what  manner, 
the  amount  of,  to  whom  and  upon  what  mine,  such  contribution  was 
made.  Such  affidavit,  or  a  record  thereof  in  the  office  of  the  County 
Recorder  of  the  county  in  which  said  mine  is  situate,  shall  be  prima 
facie  evidence  of  such  contribution. 

SECTION  5.  Description. — In  all  actions,  proceedings,  judgments, 
grants,  notices,  conveyances  or  writings,  it  shall  be  a  sufficient  de- 
scription of  a  mining  claim  if  it  can  be  intelligently  learned  therefrom 
the  name  of  the  claim,  the  district,  county  and  Territory  where  same 
is  situate,  and  the  book  and  page  where  the  notice  thereof  is  recorded. 

[Usual  repeal  provision  and  took  effect  immediately.] 

Approved  March  19,  1891. — Acts  of  1891,  p.  140. 


STATE  AND  TERRITORIAL  MIXING  LAWS.  69 

An  Act  Concerning  Mines. 

SECTION  i.  Contents  of  Location  Notice. — Every  notice  of  lo- 
cation of  a  mining  claim  shall  contain  :  First,  the  name  of  the  claim 
located.  Second,  the  name  of  the  locator.  TJiird,  the  date  of  loca- 
tion. Fourth,  the  number  of  feet  in  length  of  said  'claim  and  the 
number  of  feet  claimed  on  each  side  of  the  center  of  the  discovery 
shaft,  lengthwise  of  the  claim.  Fifth,  the  general  course  of  the  lode, 
deposit  or  premises  located.  Sixth,  the  locality  of  the  claim  with 
reference  to  some  natural  object  or  permanent  monument,  as  will 
identify  the  claim. 

SEC.  2.  Void  Locations. — All  mining  locations  hereafter  located, 
the  certificate  of  location  of  which  shall  not  contain:  First,  the  name 
of  the  lode  or  premises.  Second,  the  name  of  the  locator  or  locators. 
Third,  the  date  of  location.  Fourth,  the  number  of  feet  in  length  of 
said  claim  antl  the  number  of  feet  claimed  on  each  side  of  the  center 
of  the  discovery  shaft,  lengthwise  of  the  claim.  Fifth,  the  general 
course  of  the  lode  or  premises  as  near  as  may  be.  Sixth,  the  locality 
of  the  claim  with  reference  to  some  natural  object  or  permanent  mon- 
ument, as  will  identify  the  claim,  shall  be  void. 

SEC.  3.  How  to  Locate  a  Claim. — Before  filing  such  location 
certificate  with  the  County  Recorder  of  the  proper  county,  the  dis- 
coverer shall  locate  his  claim  by :  First,  sinking  a  discovery  shaft  upon 
the  premises  so  claimed,  to  a  depth  of  at  least  ten  feet  from  the  lowest 
part  of  the  rim  of  such  shaft  at  the  surface,  and  deeper  if  necessary, 
until  there  is  shown  by  such  work  a  lode  deposit,  or  mineral  in  place. 
Second,  by  posting  at  the  point  of  discovery,  on  the  surface,  a  plain 
sign  or  notice  substantially  conforming  to  the  location  certificate. 
Third,  by  ma[r]king  such  claim  or  premises  on  the  ground  so  that  its 
boundaries  can  be  readily  traced. 

SEC.  4.  Marking  Boundaries. — Such  surface  boundaries  shall  be 
marked  by  eight  substantial  posts,  projecting  at  least  three  feet  above 
the  surface  of  the  ground,  or  by  substantial  stone  monuments  at  least 
three  feet  high,  to  wit :  One  at  each  corner  of  said  claim,  and  one  at 
the  center  of  each  end  and  side  line  thereof. 

SEC.  5.  Equivalent  Distovery  Work. — Any  open  cut,  cross- 
cut, adit  or  tunnel  which  shall  be  made,  as  above  provided  for,  as  a 
part  of  the  location  of  a  mining  claim,  and  which  shall  be  equal  in 
amount  of  work  to  a  shaft  ten  feet  deep  and  four  feet  wide  by  six  feet 
long,  and  which  shall  cut  a  lode  or  mineral  in  place  at  the  depth  of  ten 
feet  deep  from  the  surface,  shall  be  equivalent,  as  a  discovery  work,  to 
a  shaft  sunk  from  the  surface. 

SEC.  6.  Time  for  Discovery  Work. — The  discoverer  shall  have 
ninety  days  from  the  date  of  discovering  the  lode  and  the  posting  of 
the  notice  thereon  to  perform  said  discovery  work  thereon. 

SEC.  7.  Amendment  of  Certificates  of  Location.— If  at  any 
time  the  locator  of  any  mining  claim  heretofore  or  hereafter  located, 
or  his  assigns,  shall  learn  that  his  original  certificate  was  defective,  or 
that  the  requirements  of  the  law  had  not  been  complied  with  before 
filing,  or  shall  be  desirous  of  changing  his  surface  boundaries,  or  of 
taking  in  any  additional  ground  which  is  subject  to  location,  or  in  case 
the  original  certificate  was  made  prior  to  the  passage  of  this  law,  and 


7o  STATE  AND  TERRITORIAL  MINING  LAWS. 

he  shall  be  desirous  of  securing  the  benefits  of  this  act,  such  locator, 
or  his  assigns,  may  file  an  amended  certificate  of  location,  subject  to 
the  provisions  of  this  act,  regarding  the  making  of  new  locations. 

SEC.  8.  Annual  Expenditure. — The  amount  of  assessment,  or 
representation,  work  or  improvements  to  be  done  or  made  during  each 
year  after  the  completion  of  the  location  as  heretofore  provided,  and 
the  time  for  doing  the  same  shall  be  as  provided  by  the  laws  of  the 
United  States. 

SEC.  9.  Affidavit  of  Annual  Labor. — Within  three  months  after 
the  expiration  of  the  period  of  time  fixed  for  the  performance  of 
annual  labor,  or  the  making  of  improvements  upon  any  mining  claim 
or  premises,  the  person  on  whose  behalf  such  work  or  improvement 
was  made,  or  some  person  for  him,  knowing  the  facts,  may  make  and 
record  in  the  office  of  the  County  Recorder  of  the  county  wherein 
such  claim  is  situate  an  affidavit  in  substance  as  follows : . 
Territory  of  Arizona,  | 

County,       }  SS 

Being  duly  sworn,  deposes  and  says  that  he  is  a  citi- 


zen  of  the  United  States  and  more  than  21  years  of  age,  and  resides 
at in County,  Arizona  Territory,  and  is  personally  ac- 
quainted with  the  mining  claim  and  premises  located  and  known  as 

mining  claim  or  lode,  situate  in mining  district,  County 

of ,  Arizona  Territory,  the  notice  of  location  of  which  premises 

is  recorded  in  the  office  of  the  County  Recorder  of  said  county,  in 

book of  records  of  mines,  at  page .     That  between  the 

day  of ,  A.  D.  189-,  and  'the day  of  ,  A.  D.  189-,  at 

least dollars'  worth  of  work  and  improvements  were  done  and 

performed  upon  said  premises  or  lode,  not  including  the  location  work 
of  said  claim.  Such  work  and  improvements  were  made  by  and  at 
the  expense  of owners  of  said  premises  for  the  purpose  of  com- 
plying with  the  law  of  the  United  States  pertaining  to  assessments  or 
annual  work,  and  (here  name  the  miners  or  men  who  worked  upon  the 
claim  in  doing  the  work)  were  the  men  employed  by  said  owner  and 
who  labored  upon  said  premises,  and  who  did  said  work  and  improve- 
ments, and  said  work  so  done  upon  said  premises  is  described  as  fol- 
lows, to  wit :  (Here  describe  the  work  done). 

(Signature)  . 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D. 

189-. 

[SEAL.]  ,  Notary  Public. 

SEC.  10.  Evidence  of  Labor  Performed. — Such  affidavit,  when 
so  recorded,  shall  be  prima  facie  evidence  of  the  performance  of  such 
labor  or  the  making  of  such  improvements,  and  said  original  affidavit, 
after  it  has  been  recorded,  or  a  certified  copy  of  record  of  same,  shall 
be  received  as  evidence  accordingly  by  all  the  courts  of  this  territory. 

SEC.  ii.  Relocations — How  Made. — The  relocation  of  forfeited 
or  abandoned  lode  claims  shall  only  be  made  by  sinking  a  new  dis- 
covery shaft  and  fixing  new  boundaries  in  the  same  manner  and  to  the 
same  extent  as  is  required  in  making  a  new  location,  or  the  relocator 
may  sink  the  original  discovery  shaft  ten  feet  deeper  than  it  was  at  the 
date  of  commencement  of  such  relocation,  and  shall  erect  new,  or 
make  the  old,  monuments  the  same  as  originally  required.  In  either 


STATE  AND  TERRITORIAL  MINING  LAWS.  7! 

case  a  new  location  monument  shall  be  erected  and  the  location  cer- 
tificate shall  state  if  the  whole  or  any  part  of  the  new  location  .is  lo- 
cated as  abandoned  property. 

SEC.  12.  Take  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  July  i,  1895. 

SEC.  13.  Repeal. — All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Approved  March  20,  1895. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


CALIFORNIA. 

Water  Rights. 

1410.  The  right  to  the  use  of  running  water  flowing  in  a  river  or 
stream,  or  down  a. canon  or  ravine  may  be  acquired  by  appropriation. 

1411.  The  appropriation  must  be  for  some  useful  or  beneficial  pur- 
pose, and  when  the  appropriator  or  his  successor  in  interest  ceases  to 
use  it  for  such  a  purpose,  the  right  ceases. 

1412.  The  person  entitled  to  the  use  may  change  the  place  of  diver- 
sion, if  others  are  not  injured  by  such  change,  and  may  extend  the 
ditch,  flume,  pipe,  or  aqueduct  by  which  the  diversion  is  made,  to  places 
beyond  that  where  the  first  use  was  made. 

1413.  The  water  appropriated  may  be  turned  into  the  channel  of 
another  stream  and  mingled  with  its  water,  and  then  reclaimed ;  but  in 
reclaiming  it  the  water  already  appropriated  by  another  must  not  be 
diminished. 

1414.  As  between  appropriators,  the  one  first  in  time  is  the  first  in 
right. 

1415.  A  person  desiring  to1  appropriate  water  must  post  a  notice,  in 
writing,  in  a  conspicuous  place  at  the  point  of  intended  diversion,  stat- 
ing therein : 

1.  That  he  claims  the  water  there  flowing  to  the  extent  of  (giving  the 
number)  inches,  measured  under  a  four-inch  pressure  : 

2.  The  purposes  for  which  he  claims  it,  and  the  place  of  intended  use; 

3.  The  means  by  which  he  intends  to  divert  it,  and  the  size  of  the 
flume,  ditch,  pipe,  or  aqueduct  in  which  he  intends  to  divert  it ; 

A  copy  of  the  notice  must,  within  ten  days  after  it  is  posted,  be  re- 
corded in  the  office  of  the  Recorder  of  the  county  in  which  it  is  posted. 

1416.  Within  sixty  days  after  the  notice  is  posted,  the  claimant  must 
commence  the  excavation  or  construction  of  the  works  in  which  he  in- 
tends to  divert  the  water, 'and  must  prosecute  the  work  diligently  and 
uninterruptedly  to  completion,  unless  temporarily  interrupted  by  snow 
or  rain. 

1417.  By  "completion"  is  meant  conducting  the  waters  to  the  place 
of  intended  use. 

1418.  By  a  compliance  with  the  above  rules,  the  claimant's  right  to 
the  use  of  the  water  relates  back  to  the  time  the  notice  was  posted. 

1419.  A  failure  to  comply  with  such  rules  deprives -the  claimant  of 
the  right  to  the  use  of  the  water  as  against  a  subsequent  claimant  who 
complies  therewith. 

1420.  Persons  who  have  heretofore  claimed  the  right  to  water,  and 
who  have  not  constructed  works  in  which  to  divert  it,  and  who  have 
not  diverted  nor  applied  it  to  some  useful  purpose,  must,  after  this  title 
takes  effect,  and  within  twenty  days  thereafter,  proceed  as  in  this  Title 
provided,  or  their  right  ceases.     Civil  Code,  Annotated,  Title  viii.,  p. 
402. 

[The  above  law  expresses  the  usual  manner  of  securing  water  rights  in 
the  mining  states  and  territories.     See  Copp's  U.  S.  Mineral  Lands.] 


STATE  AND  TERRITORIAL  MINING  LAWS.  73 

Mineral  Lands  on  School  Sections.* 

An  Act  regulating  the  sale  of  mineral  lands  belonging  to  the  State 
of  California. 

SECTION  i. — Affidavit. — Any  person  desiring  to  purchase  from  this 
State  any  portion  of  any  sixteenth  or  thirty-sixth  section,  that  shall  have 
been  designated  by  United  States  survey  as  of  a  mineral  character,  or 
which  is  so  in  fact,  shall  make  an  affidavit  before  some  officer  authorized 
to  administer  oaths,  that  he  or  she  is  a  citizen  of  the  United  States ;  or, 
if  a  foreigner,  that  he  has  filed  his  intention  to  become  a  citizen  of  the 
United  States ;  that  he  or  she  is  of  lawful  age,  and  desires  to  purchase 
said  land,  giving  a  description  thereof  by  legal  subdivisions ;  that  he  or 
she  has  not  entered  any  portion  of  such  mineral  lands  which,  together 
with  that  applied  for  in  such  affidavit,  will  exceed  forty  acres ;  that  there 
is  no  occupation  of  said  land  adverse  to  that  which  he  or  she  holds ;  or, 
if  there  be  any  adverse  occupation  -thereof,  then  he  or  she  must  state 
the  name  of  such  adverse  occupant,  together  with  the  fact  that  the  plat 
of  the  township  has  been  on  file  six  months  or  over,  and  that  such  ad- 
verse occupant  has  been  in  such  occupation  six  months  or  over. 

SEC.  2. — Preferred  Purchaser. — Any  person  that  shall  be  in  the 
actual  possession  of  any  of  said  lands  described  in  section  one,  at  the 
time  of  the  survey  thereof  by  the  United  States,  or  at  the  time  of  the 
passage  of  this  act,  shall  be  considered  a  preferred  purchaser  thereof  to 
the  extent  of  his  or  her  mining  claim :  Provided,  he  or  she  make  appli- 
cation for  the  purchase  of  the  same  on  or  before  the  first  day  of  January 
1877,  if  the  plat  of  such  survey  be  already  filed  in  the  United  State 
,and  Office,  and  if  not  so  filed,  then  within  six  months  after  the  filing 
of  such  plat  as  aforesaid. 

SEC.  3. — Contest. — When  a  contest  shall  arise  as  to  the  mineral 
character  of  the  lands  applied  for,  or  from  any  other  cause,  the  Surveyor- 
General,  or  the  Register  before  whom  the  contest  is  made,  must,  within 
thirty  days  after  the  adverse  application  is  filed,  unless  sooner  referred 
at  the  request  of  either  claimant,  make  an  order  referring  such  contest 
to  the  Superior  Court  of  the  county  within  which  the  land  is  situated, 
and  must  enter  such  order  in  the  proper  book  of  his  office,  and  forward 
a  copy  thereof  to  the  clerk  of  the  court  to  which  the  reference  is  made. 
Upon  the  filing  of  a  copy  of  such  order  with  the  clerk  of  the  court, 
either  party  may  commence  an  action  in  said  court  to  determine  the 
conflict,  and  the  court  shall  have  full  and  complete  jurisdiction  to  hear 
and  determine  the  same.  Unless  an  action  shall  be  commenced  within 
ninety  days  after  the  copy  of  the  order  of  reference  shall  have  been  filed 
with  the  clerk  of  the  court,  the  party  making  such  demand,  or  the  ad- 
verse claimant,  if  the  case  is  referred  without  demand,  shall  be  deemed 
to  have  waived  and  surrendered  his  or  her  right  to  purchase,  and  the 
Surveyor-General  or  Register  shall  proceed  as  though  his  or  her  applica- 
tion had  not  been  made. 

SEC.  4 — Price. — All  lands  sold  under  the  provisions  of  this  act  shall 
be  sold  for  the  sum  of  two  dollars  and  fifty  cents  per  acre  in  United 
States  gold  coin,  payable  to  the  Treasurer  of  the  county  in  which  the 
lands  are  situated,  within  fifty  days  from  the  date  of  the  approval  by  the 
Surveyor-General ;  and  in  case  said  payment  is  not  made  within  said 

*  This  law  ONLY  applies  to  sections  on  which  minerals  are  discovered  AFTER  survey. 


74 


STATE  AND  TERRITORIAL  MINING  LAWS. 


fifty  days,  the  land  described  in  the  location  shall  revert  to  the  State 
without  suit,  and  said  location  shall  be  and  become  null  and  void.  All 
payments  made  to  the  County  Treasurer  as  above  provided,  shall  be  paid 
over  and  accounted  for  as  other  moneys  received  for  State  lands  are 
required  to  be  paid  over  and  accounted  for. 

SEC.  5. — Certificates  of  Purchase. — The  Surveyor-General  and 
Register  shall,  in  the  matter  of  approving  locations,  issuing  certificates 
of  purchase  or  patents,  or  in  other  proceedings  relating  to  the  sale  of 
lands  of  a  mineral  character,  which  proceedings  are  not  provided  for  in 
this  act,  proceed  in  the  same  manner  as  is  now  provided  for  the  sale 
of  sixteenth  and  thirty-sixth  sections  which  are  not  of  a  mineral  char- 
acter. 

SEC.  6. — Patents. — All  patents  issued  by  the  State  to  any  portion 
of  any  sixteenth  or  thirty-sixth  section  shall  be  subject  to  any  vested  and 
accrued  water-rights,  ditches,  and  reservoirs  used  in  connection  there- 
with, acquired  by  priority  of  possession  under  local  customs  and  the 
decisions  of  the  courts,  and  the  right  of  way  for  the  construction  of 
ditches  and  canals  for  mining  and  other  purposes,  over  all  of  the  six- 
teenth and  thirty-sixth  sections  owned  by  the  State,  is  hereby  granted 
and  confirmed. 

SEC.  7. — Restriction  on  Issuance  of  Patents. — After  the  pass- 
age of  this  act,  no  patents  shall  be  issued  for  any  of  the  lands  described 
in  this  act  upon  which,  at  the  time  of  the  application  therefor,  there  was 
and  still  is  any  actual  bona  fide  mining  claim,  except  to  the  person  who 
is  the  owner  of  such  mining  claim  under  local  mining  customs;  and 
when  an  applicant  for  such  lands,  not  owning  such  mining  claim,  shall 
have  paid  the  purchase-money  therefor,  in  whole  or  in  part,  he  may 
present  his  certificate  of  purchase  and  receive  in  exchange  therefor, 
from  the  Register,  a  certificate  showing  the  whole  amount  paid  ;  and  the 
Controller,  upon  the  surrender  of  such  certificate,  must  draw  his  warrant 
in  favor  of  the  person  surrendering  such  certificate,  for  the  amount 
therein  specified,  on  the  Treasurer  of  State,  who  must  pay  the  sum  out 
of  the  funds  into  which  the  purchase  money  was  paid :  Provided,  That 
the  owner  of  such  mining-claim,  under  such  mining  customs,  shall  apply 
to  purchase  the  same  within  six  months  after  the  plat  of  the  township 
containing  such  land  shall  have  been  filed  in  the  local  United  States 
land  office,  on  or  before  the  first  day  of  January,  1877  :  And  provided 
further,  That  any  owner  of  a  bona  fide  mining  claim  who  shall  have  en- 
tered into  an  agreement  with  the  applicant  for  any  portion  of  a  sixteenth 
or  thirty-sixth  section  upon  which  said  mining  claim  is  situated,  for  the 
procurement  of  a  title  for  the  same,  shall  not  avail  himself  of  the  pro- 
visions of  this  section.  The  Governor  of  this  State  shall  not  sign  any 
patent  contrary  to  the  provisions  of  this  act. 

Stats.  1873-4,  p.  766.  Approved  March  28,  1874,  as  amended  Feb- 
ruary 3,  1876. — Stats.  1875-6,  p.  20;  and  April  6,  1880. — Stats.  1880. 
p.  26. 


STATE  AND  TERRITORIAL  MINING  LAWS.  -5 

An  Act  to  amend  an  Act  entitled  an  Act  regulating  the  sale  of 

Mineral  Lands  belonging  to  the  State,  Approved  March 

twenty-eighth,  eighteen  hundred  and  seventy-four. 

The  People,  etc. 

SECTION  i. — Section  three  of  "an  act  regulating  the  sale  of  mineral 
lands  belonging  to  the  State,  approved  March  twenty-eighth,  eighteen 
hundred  and  seventy-four,"  is  hereby  amended  so  as  to  read  as  follows : 

SEC.  3. — When  a  contest  shall  arise  as  to  the  mineral  character  of  the 
lands  applied  for,  or  from  any  other  cause,  the  Surveyor-General,  or  the 
Register  before  whom  the  contest  is  made,  must,  within  thirty  days  after 
the  adverse  application  is  filed,  unless  sooner  referred,  at  the  request  of 
either  claimant,  make  an  order  referring  such  contest  to  the  Superior 
Court  of  the  county  within  which  the  land  is  situated,  and  must  enter 
such  order  in  the  proper  book  of  his  office,  and  forward  a  copy  thereof 
to  the  clerk  of  the  court  to  which  the  reference  is  made.  Upon  the 
filing  of  a  copy  of  such  order  with  the  clerk  of  the  court,  either  party 
may  commence  an  action  in  said  court  to  determine  the  conflict,  and 
the  court  shall  have  full  and  complete  jurisdiction  to  hear  and  determine 
the  same.  Unless  an  action  shall  be  commenced  within  ninety  days 
after  the  copy  of  the  order  of  reference  shall  have  been  filed  with  the 
clerk  of  the  court,  the  party  making  such  demand,  or  the  adverse  claim- 
ant, if  the  case  is  referred  without  demand,  shall  be  deemed  to  have 
waived  and  surrendered  his  or  her  right  to  purchase,  and  the  Surveyor- 
General  or  Register  shall  proceed  as  though  his  or  her  application  had 
lot  been  made. 

SEC.  2. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  April  6,  1880. 

[Laws  of  1880.     p.  26.] 

An  Act  entitled  an  Act  relating  to   the  working,  right  of 

way,  easement,  and  drainage  of  mines  in  the 

State  of  California. 

SECTION  i. — Affidavit  of  Expenditure. — Whenever  any  mine 
owner,  company  or  corporation  shall  have  performed  the  labor  and 
made  the  improvements  required  by  law  for  the  location  and  owner- 
ship of  mining  claims  or  lodes,  such  owner,  company  or  corporation, 
shall  file,  or  cause  to  be  filed,  within  thirty  days  after  the  time  limited 
for  performing  such  labor  or  making  such  improvements,  with  the 
County  Recorder  of  Deeds  of  the  county  in  which  the  mine  or  claim  is 
situated,  particulary  describing  the  labor  performed  and  improvements 
made,  and  the  value  thereof,  which  affidavit  shall  be  prima  facie  evi- 
dence of  the  facts  therein  stated.  Upon  the  failure  of  any  claimant  or 
mine  owner  to  comply  with  the  conditions  of  this  Act,  in  the  perform- 
ance of  labor,  or  making  of  improvements  upon  any  claim,  mine  or 
mining  ground,  the  claim  or  mine  upon  which  such  failure  occurred 
shall  be  opened  to  re-location  in  the  same  manner  as  if  no  location  of 
the  same  had  ever  been  made.  But  if,  previous  to  re-location,  the 
original  locators,  therr  heirs,  assigns,  or  legal  representatives,  resume 
work  upon  such  claim,  and  continue  the  same  with  reasonable  diligence 
until  the  required  amount  of  labor  has  been  performed  or  improve- 


76  STATE  AND  TERRITORIAL  MINING  LAWS. 

ments  made,  and  the  required  statement  of  accounts  and  affidavit  filed 
with  the  County  Recorder,  then  the  claim  shall  not  be  subject  to  re- 
location because  of  previous  failure  to  file  accounts.  Upon  the  failure 
of  any  one  of  the  several  co-owners  to  contribute  his  portion  of  the 
expenditures  required  hereby,  the  co-owners  who  have  performed  the 
labor  or  made  the  improvements  may,  at  the  expiration  of  the  year, 
give  such  delinquent  co  owners  personal  notice,  in  writing,  or  by  pub- 
lication in  the  newspaper  published  nearest  the  claim,  for  at  least  once 
a  week  for  ninety  days;  and  if,  at  the  expiration  of  ninety  days  after' 
such  notice  in  writing  or  publication,  such  delinquent  shall  fail  or 
refuse  to  contribute  his  portion  of  the  expenditures  required  by  this 
section,  his  interest  in  the  claim  shall  become  the  property  of  his  co- 
owners  who  made  the  required  expenditures.  A  copy  of  such  notice, 
together  with  an  affidavit  showing  personal  service  or  publication,  as 
the  case  may  be,  of  such  notice,  when  filed  or  recorded  with  the 
Recorder  of  Deeds  of  the  county  in  which  such  mining  claim  is  situ- 
ated, shall  be  evidence  of  the  acquisition  of  title  of  such  co-owners. 
Where  a  person  or  company  has  or  may  run  a  tunnel  or  cut  for  the 
purpose  and  in  good  faith  for  the  purpose  of  developing  a  lode,  lodes, 
or  claims  owned  by  said  person,  or  company,  or  corporation,  the 
money  so  expended  in  running  said  tunnel  shall  be  taken  and  consid- 
ered as  expended  on  said  lodes  or  claims;  provided  further,  that  said 
lode,  claim  or  claims  shall  be  distinctly  marked  on  the  surface  as  pro- 
vided by  law. 

SEC.  2.  Right  of  Way. — All  mining  locations  and  mining  claims 
shall  be  subject  to  a  reservation  of  the  right  of  way  through  or  over 
any  mining  claims,  ditches,  roads,  canals,  cuts,  tunnels,  and  other 
easements,  for  the  purpose  of  working  other  mines;  provided,  that  any 
damage  occasioned  thereby  shall  be  assessed  and  paid  for  in  the  man- 
ner provided  by  law  for  land  taken  for  public  use  under  the  right  of 
eminent  domain. 

SEC.  3.  Take  Effect This  act  shall  take  effect  immediately. 

Approved  March  31,  1891. 

Laws  of  1891,  p.  219. 

An  Act  to  provide  for  the  Conveyance  of  Mining  Claims. 

SECTION  i. — Bill  of  Sale — Fraud — Possession.— Conveyances 
of  mining  claims  may  be  evidenced  by  bills  of  sale  or  instruments  in 
writing  not  under  seal,  signed  by  the  person  from  whom  the  estate  or 
interest  is  intended  to  pass,  in  the  presence  of  one  or  more  attesting 
witnesses;  and  also  all  conveyances  of  mining  claims  heretofore  made 
by  bills  of  sale  or  instruments  in  writing,  not  under  seal,  shall  have  the 
same  force  and  effect  as  prima  facie  evidence  of  sale,  as  if  such  con- 
veyances had  been  made  by  deed  under  seal ;  provided,  that  nothing  in 
this  act  shall  be  construed  to  interfere  with  or  repeal  any  lawful  local 
rules,  regulations,  or  customs,  of  the  mines  in  the  several  mining  dis- 
tricts of  this  State ;  and,  provided  further,  every  such  bill  of  sale  or 
instrument  in  writing  shall  be  deemed  and  held  to  be  fraudulent  and 
void  as  against  all  persons  except  the  parties  thereto,  unless  such  bill 


STATE  AND  TERRITORIAL  MIXING  LAWS.  ^ 

of  sale  or  instrument  in  writing  be  accompanied  by  an  immediate  deliv- 
ery to  the  purchaser  of  the  possession  of  the  mining  claim  or  claims 
therein  described,  and  be  followed  by  an  actual  and  continued  change 
of  the  possession  thereof,  or  unless  such  bill  of  sale  or  instrument  in 
writing  shall  be  acknowledged  and  recorded  as  required  by  law  in  the 
case  of  conveyances  of  real  estate. 

SEC.  2.  Gold  Claims.— This  act  shall  apply  to  gold  mining  claims 
only. 

SEC.  3.  Takes  Effect.— This  act  shall  be  in  force  and  take  effect 
from  and  after  its  passage. 

Approved  April  13,  1860. 

Laws  of  1860,  p.  175. 

SECTION  748  (§  621).  Local  Customs. — In  actions  respecting 
mining  claims,  proof  must  be  admitted  of  the  customs,  usages,  or  regu- 
lations established  and  in  force  at  the  bar  or  diggings  embracing  such 
claim ;  and  such  customs,  usages,  or  regulations,  when  not  in  conflict 
with  the  laws  of  this  State,  must  govern  the  decision  of  the  action. 

Code  of  Civil  Procedure  (Annotated),  1872,  p.  667, 

SECTION  2515.  Partnership  Property. — The  mining  ground 
owned  and  worked  by  partners  in  mining,  whether  purchased  with 
partnership  funds  or  not,  is  partnership  property. 

Civil  Code  (Annotated),  1872,  p.  125. 

For  statutes  relating  to  sale  of  deceased  persons'  estates,  which  con- 
sist in  whole  or  in  part  of  mines  or  interests  in  mines,  see  Code  of 
Civil  Procedure,  1872,  Sees.  1529,  30,  31  and  32,  amended  in  1880, 
p.  94- 

Ivlines  within   Patented  Townsites. 

SECTION  i.  Amendment. — Section  fifteen  of  an  Act  entitled  an  Act 
entitled  "  An  Act  to  authorize  and  direct  the  county  judges  of  the 
several  counties  of  this  State  to  execute  certain  trusts  in  relation  to  the 
town  lands  granted  to  the  unincorporated  towns  in  this  State  by  the 
Act  of  Congress  entitled  '  An  Act  for  the  relief  of  the  inhabitants  of 
cities,  and  towns  upon  the  public  lands,'  approved  March  second, 
eighteen  hundred  and  sixty  seven,"  approved  March  thirtieth,  eighteen 
hundred  and  sixty-eight,  is  hereby  amended  so  as  to  read  as  follows : 

SEC.  15.  Proceeding  to  Secure  Title.— If  within  six  months  after 
the  giving  of  the  public  notice  that  the  plat  of  any  townsite  has  been 
filed  in  the  Recorder's  office,  as  provided  in  section  twelve  of  this  Act, 
there  shall  remain  any  unoccupied  or  vacant  unclaimed  lands,  or  lands 
not  previously  surveyed  into  town  lots  under  the  provisions  of  this 
Act,  and  any  person  has  hitherto  or  shall  hereafter  discover  gold  in 
any  portion  thereof  in  quantities  which  he  may  deem  sufficient  to 
justify  the  profitable  working  thereof  (his  judgment  thereon  to  be  con- 
clusive), and  has  located  and  held  the  same  bona  fide  for  mining  pur- 
poses, such  mining  possession  shall  constitute  him  a  preferred  purchaser 
thereof,  from  the  Judge  of  the  Superior  Court,  according  to  the  metes 
and  bounds  of  his  location  thereof,  within  the  meaning  of  this  Act ;  and 
he  may  apply  to  the  Judge  of  the  Superior  Court  for  a  deed  thereto, 
which  application  he  shall  accompany  with  a  deposit  to  be  held  by 


78  STATE  AND  TERRITORIAL  MINING  LAWS. 

such  judge  in  an  amount  to  be  estimated  by  him  sufficient  to  pay  the 
expenses  of  a  survey  and  the  platting  thereof  as  herein  provided  for.  *  *  * 

Approved  March  9,  1897. 

Session  Laws,  1897,  page  93. 

Judgments,  Records  and  Work  Done. 

SECTION  i.  Amendment.— Section  eleven  hundred  and  fifty-nine 
of  an  Act  entitled  an  Act  to  establish  a  Civil  Code,  approved  March 
twenty-first,  eighteen  hundred  and  seventy-two,  is  hereby  amended  to 
read  as  follows : 

1159.  Judgments  affecting  the  title  to  or  possession  of  real  property 
authenticated  by  the  certificate  of  the  clerk  of  the  court  in  which  such 
jugdments  were  rendered  (and  notices  of  location  of  mining  claims), 
may  be  recorded  without  acknowledgment,  certificate  of  acknowledg- 
ment, or  further  proof.  The  record  of  all  notices  of  location  of  min- 
ing claims  heretofore  made  in  the  proper  office  without  acknowledg- 
ment, or  certificate  of  acknowledgment,  or  other  proof,  shall  have  the 
same  force  and  effect  for  all  purposes  as  if  the  same  had  been  duly 
acknowledged,  or  proved  and  certified  as  required  by  law.  Affidavits 
showing  work  or  posting  of  notices  upon  mining  claims  may  also  be 
recorded  in  the  Recorder's  office  of  the  county  where  such  mining 
claims  are  situated. 

Approved  March  9,  1897. 

Session  Laws,  1897,  page  97. 


GENERAL  LAW  OF  1897. 


GENERAL  LAW  OF  1897. 

An  Act  prescribing  the  manner  of  locating  mining  claims  upon  the  pub- 
lic domain  of  the  United  States,  recording  notices  of  location  thereof, 
amending  defective  locations,  and  providing  for  the  deposit  of  district 
records  with  County  Recorders,  and  prescribing  the  effect  to  be  given 
to  recordation  of  notices  of  location  and  affidavits. 

SECTION  i.  Location  of  Claims. — The  location  of  mining  claims 
upon  the  public  domain  of  the  United  States  shall  be  made  and  per- 
fected as  provided  in  this  Act. 

SEC.  2.  Preliminary  Notice — Monument. — The  discoverer  of 
any  vein  or  lode  shall  immediately,  upon  making  a  discovery,  erect  at 
the  point  of  discovery  a  substantial  monument  or  mound  of  rocks,  and 
post  thereon  a  preliminary  notice  which  shall  contain  : 

First — The  name  of  the  lode  or  claim  ; 

Second — The  name  of  the  locator  or  locators ; 

Third — The  date  of  the  discovery ; 

Fourth — The  number  of  linear  feet  claimed  in  length  along  the 
course  of  the  vein  each  way  from  the  point  of  discovery  ; 

Fifth — The  width  claimed  on  each  side  of  the  center  of  the  vein ; 

Sixth — The  general  course  of  the  vein  or  lode,  as  near  as  may  be; 

Seventh — That  such  notice  is  a  first  or  preliminary  notice. 

Such  notice  shall  be  recorded  in  the  office  of  the  County  Recorder 
of  the  county  in  which  the  same  is  posted  within  twenty  days  after  the 
posting  thereof.  Upon  the  erection  of  said  monument  and  posting 
such  notice,  the  discovered  shall  be  allowed  the  period  of  time  speci- 
fied in  section  three  of  this  Act  to  enable  him  to  perfect  his  location 
as  hereinafter  provided. 

SEC.  3.  Labor — Certificate  of  Location. — Within  sixty  days 
from  the  date  of  the  discovery  of  a  vein  or  lode,  the  discoverer  must 
perform  fifty  dollars'  worth  of  labor  in  developing  his  discovery,  and 
distinctly  mark  his  location  on  the  ground,  so  that  its  boundaries  can 
be  readily  traced,  and  must  file  in  the  office  of  the  County  Recorder 
of  the  county  in  which  the  claim  is  situated,  a  certificate  of  location, 
which  said  certificate  shall  state  : 

1.  The  name  of  the  lode  or  claim ; 

2.  The  name  of  the  locator  or  locators ; 

3.  The  date  of  discovery  and  posting  of  the  notice,  provided  for  in 
section  two  of  this  Act,  which  shall  be  considered  as  the  date  of  the 
location  ; 

4.  A  description  of  the  claim,  defining  the  exterior  boundaries  as 
they  are  marked  upon  the  ground,  and  such  additional  description  by 
reference  to  some  natural  objects,  or  permanent  monument,  as  will 
identify  the  claim  ; 

5.  A  statement  that  such  certificate  is  the  final  or  completed  notice 
of  location,  and  that  he  has  performed   the  aforesaid  fifty  dollars' 
worth  of  labor  in  development  work  thereon  within  the  aforesaid  sixty 
day  period,   stating   generally    the   nature    thereof.     Said   certificate 
shall  be  dated  and  signed  by  or  on  behalf  of  the  locator  or  locators; 


go  GENERAL  LAW  OF  1897. 

and  verified  by  them  or  by  some  one  in  their  behalf,  and  when  filed 
for  record  shall  be  deemed  and  considered  as  prima  facie  evidence  of 
the  facts  therein  recited.  A  copy  of  such  certificate  of  location,  cer- 
tified by  the  County  Recorder,  shall  be  admitted  in  evidence  in  all 
actions  or  proceedings  with  the  same  effect  as  the  original.  The  per- 
formance of  such  labor  shall  be  deemed  a  necessary  act  in  completing 
such  location  and  a  part  thereof,  and  no  part  thereof  shall  inure  to  the 
benefit  of  any  subsequent  location. 

SEC..  4.  Location  of  Placers. — The  discoverer  of  placers  or 
other  forms  of  deposit,  buoject  to  location  and  appropriation,  under 
mining  laws  applicable  to  placers,  shall  locate  his  claim  in  the  follow- 
ing manner : 

First — He  must  immediately  post  in  a  conspicuous  place  at  the 
point  of  discovery  thereon  a  notice  or  certificate  of  location  thereof 
containing : 

(a)  The  name  of  the  claim  ; 

(/)  The  name  of  the  locator  or  locators  ; 

(c]  The  date  of  the  discovery  and  posting  of  the  notice,  hereinbefore 
provided  for,  which  shall  be  considered  as  the  date  of  the  location  ; 

(</)  A  description  of  the  claim  by  reference  to  legal  sub  divisions  of 
sections,  if  the  location  is  made  in  conformity  with  the  public  surveys  ; 
otherwise,  a  description  with  reference  to  some  natural  object  or  per- 
manent monument  as  will  identify  the  claim,  and  where  such  claim  is 
located  by  legal  sub-divisions  of  the  public  surveys,  sudi  locations 
shall,  notwithstanding  that  fact,  be  marked  by  the  locator  upon  the 
ground,  the  same  as  other  locations. 

Second — Within  thirty  days  from  the  date  of  such  discovery  he 
must  record  such  notice  or  certificate  of  location  in  the  office  of  the 
County  Recorder  of  the  county  in  which  such  discovery  is  made,  and 
so  distinctly  mark  his  location  on  the  ground  that  its  boundaries  can 
be  readily  traced. 

Third — Within  sixty  days  from  the  date  of  the  discovery  the  dis- 
coverer shall  perform  labor  upon  such  location  or  claim  in  developing 
the  [  ]  to  an  amount  which  shall  be  equivalent  in  the  aggregate  to 
at  least  ten  dollars'  ($10)  worth  of  such  labor  for  each  twenty  acres,  or 
fractional  part  thereof,  contained  in  such  location  or  claim. 

Fourth — A  failure  to  perform  such  labor  within  said  time  shall 
cause  all  rights  under  such  location  to  be  forfeited,  and  the  land 
covered  thereby  shall  at  once  be  open  to  location  by  qualified 
locators  other  than  the  preceding  locators,  but  shall  not  in  any  event 
be  open  to  location  by  such  preceding  locators,  and  any  labor  per- 
formed by  them  thereon  shall  not  inure  to  the  benefit  of  any  subse- 
quent locator  thereof. 

Fifth — Such  locator  shall,  upon  the  performance  of  such  labor,  file 
with  the  Recorder  of  the  county  an  affidavit,  showing  such  perform- 
ance, and  generally  the  nature  and  kind  of  work  so  done. 

SEC.  5.  Affidavit — Evidence. — The  affidavit  provided  for  in 
the  last  section,  and  the  aforesaid  placer  notice  or  certificate  of  loca- 
tion when  filed  for  record,  shall  be  deemed  and  considered  as  prima 
facie  evidence  of  the  facts  therein  recited.  A  copy  of  such  certificate, 


GENERAL  LAW  OF  1897.  Sr 

notice,  or  affidavit,  certified  by  the  County  Recorder,  shall  be  admitted 
in  evidence  in  all  actions  or  proceedings  with  the  same  effect  as  the 
original. 

SEC.  6.  Void  Locations. — All  locations  of  quartz  or  placer  for- 
mations or  deposits,  hereafter  made,  which  do  not  conform  to  the  re- 
quirements of  this  Act,  in  so  far  as  the  same  are  respectively  applicable 
thereto,  shall  be  void. 

SEC.  7.  District  Records. — No  record  of  a  mining  claim  or 
millsite,  made  after  me  passage  of  this  Act,  in  the  records  of  any 
mining  district,  shall  be  valid.  All  notices  of  location  of  mining 
ciaims,  millsites  and  other  notices,  heretofore  recorded  in  such  dis- 
trict records,  if  such  notices  conform  to  the  local  rules  and  regula- 
tions in  force  in  such  district,  are  hereby  declared  valid.  Within 
thirty  days  after  the  passage  of  this  Act  the  district  recorder,  or 
custodian  of  the  records  of  the  several  mining  districts  in  this  State, 
shall  transmit  to  the  County  Recorders  of  the  respective  counties 
wherein  the  respective  districts  are  situated,  all  the  records  of  said  re- 
spective districts,  and  thenceforward  such  County  Recorder  shall  be 
deemed  and  considered  the  legal  custodian  of  such  records.  There- 
after copies  of  such  records,  certified  by  the  County  Recorder,  may  be 
received  in  evidence  with  the  same  effect  as  the  originals. 

SEC.  8.  Take  Effect.— This  Act  shall  take  effect  and  be  in  force 
sixty  days  after  its  passage. 

Approved  March  27,  1897. 


82  STATE  AND  TERRITORIAL  MINING  LAWS. 


COLORADO. 

An  Act  Concerning  Mines. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  Colorado 

Territory  : 

SECTION  i. — Length. — The  length  of  any  lode  claim  hereafter  lo- 
cated may  equal,  but  not  exceed  fifteen  hundred  feet  along  the  vein. 

SEC.  2. — Width. — The  width  of  lode  claims  hereafter  located  in 
Gilpin,  Clear  Creek,  Boulder,  and  Summit  counties,  shall  be  seventy- 
five  feet  on  each  side  of  the  center  of  the  vein  or  crevice ;  and  in  all 
other  counties  the  width  of  the  same  shall  be  one  hundred  and  fifty  feet 
on  each  side  of  the  center  of  the  vein  or  crevice  :  Provided,  That  here- 
after any  county  may,  at  any  general  election,  determine  upon  a  greater 
width,  not  exceeding  three  hundred  feet  on  each  side  of  the  center  of 
the  vein  or  lode,  by  a  majority  of  the  legal  votes  cast  at  said  election, 
and  any  county,  by  such  vote  at  such  election,  may  determine  upon  a 
less  width  than  above  specified. 

SEC.  3. — Location  Certificate. — The  discoverer  of  a  lode  shall, 
within  three  months  from  the  date  of  discovery,  record  his  claim  in  the 
office  of  the  recorder  of  the  county  in  which  such  lode  is  situated,  by  a 
location  certificate,  which  shall  contain  :  ist,  the  name  of  the  lode  ; 
ad,  the  name  of  the  locator ;  3d,  the  date  of  location  ;  4th,  the  number 
of  feet  in  length  claimed  on  each  side  of  the  center  of  the  discovery 
shaft ;  5th,  the  general  course  of  the  lode  as  near  as  may  be. 

SEC.  4.  Any  location  certificate  of  a  lode  claim  which  shall  not  con- 
tain the  name  of  the  lode,  the  name  of  the  locator,  the  date  of  location, 
the  number  of  lineal  feet  claimed  on  each  side  of  the  discovery  shaft, 
the  general  course  of  the  lode,  and  such  description  as  shall  identify  the 
claim  with  reasonable  certainty,  shall  be  void. 

SEC.  5. — Discovery  Shaft  and  Staking. — Before  filing  such  loca 
tion  certificate,  the  discoverer  shall  locate  his  claim  by  first  sinking  a 
discovery  shaft  upon  the  lode,  to  the  depth  of  at  least  ten  feet  from  the 
lowest  part  of  the  rim  of  such  shaft  at  the  surface,  or  deepefr,  if  neces- 
sary to  show  a  well-defined  crevice.  Second,  by  posting  at  the  point  of 
discovery  on  the  surface,  a  plain  sign  or  notice  containing  the  name  of 
the  lode,  the  name  of  the  locator,  and  the  date  of  discovery.  Third, 
by  marking  the  surface  boundaries  of  the  claim. 

SEC.  6.  Such  surface  boundaries  shall  be  marked  by  six  substantial 
posts,  hewed  or  marked  on  the  side  or  sides  which  are  in  toward  the 
claim,  and  sunk  in  the  ground,  to  wit :  One  at  each  corner  and  one  at 
the  center  of  each  side  line.  Where  it  is  practically  impossible  on  ac- 
count of  bed-rock  or  precipitous  ground  to  sink  such  posts,  they  may  be 
placed  in  a  pile  of  stones. 

SEC.  7. — Equivalent  to  a  Discovery  Shaft. — Any  open  cut, 
cross-cut,  or  tunnel,  which  shall  cut  a  lode  at  the  depth  of  ten  feet 
below  the  surface,  shall  hold  such  lode  the  same  as  if  a  discovery  shaft 
were  sunk  thereon,  or  an  adit  of  at  least  ten  feet  in  along  the  lode,  from 
the  point  where  the  lode  may  be  in  any  manner  discovered,  shall  be 
equivalent  to  a  discovery  shaft. 


STATE  AND  TERRITORIAL  MINING  LAWS.  83 

SEC.  8. — Sixty  Days. — The  discoverer  shall  have  sixty  days  from 
-he  time  of  uncovering  or  disclosing  a  lode  to  sink  a  discovery  shaft 
hereon. 

SEC.  9. — Claim  Defined  by  the  Surface  Lines. — The  location, 
or  location  certificate,  of  any  lode  claim  shall  be  construed  to  include 
all  surface  ground  within  the  surface  lines  thereof,  and  all  lodes  and 
ledges  throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside 
of  such  lines  extended  downward,  vertically,  with  such  parts  of  all 
lodes  or  ledges  as  continue  to  dip  beyond  the  side  lines  of  the  claim, 
but  shall  not  include  any  portion  of  such  lodes  or  ledges  beyond  the 
end  lines  of  the  claim  or  the  end  lines  continued,  whether  by  dip  or 
otherwise,  or  beyond  the  side  lines  in  any  other  manner  than  by  the  dip 
of  the  lode. 

SEC.  10.  If  the  top  or  apex  of  a  lode  in  its  longitudinal  course  ex- 
tends beyond  the  exterior  lines  of  the  claim  at  any  point  on  the  surface, 
or-as  extended  vertically  downward,  such  lode  may  not  be  followed  in 
its  longitudinal  course  beyond  the  point  where  it  is  intersected  by  the 
exterior  lines. 

SEC.  ii. — Right  of  Way  and  Right  of  Surface. — All  mining 
claims  now  located,  or  which  may  be  hereafter  located,  shall  be  subject 
to  the  right  of  way  of  any  ditch  or  flume  for  mining  purposes,  or  of 
any  tramway  or  pack  trail,  whether  now  in  use,  or  which  many  be  here- 
after laid  out  across  any  such  location.  Provided,  always,  That  such 
right  of  way  shall  not  be  exercised  against  any  location  duly  made  and 
recorded,  and  not  abandoned  prior  to  the  establishment  of  the  ditch, 
flume,  tramway,  or  pack  trail,  without'  consent  of  the  owner,  except  by 
condemnation,  as  in  case  of  land  taken  for  public  highways.  Parol 
consent  to  the  location  of  any  such  easement,  accompanied  by  the  com- 
pletion of  the  same  over  the  claim,  shall  be  sufficient  without  writings. 
And  provided  further,  That  such  ditch  or  flume  shall  be  so  constructed 
that  the  water  from  such  ditch  or  flume  shall  not  injure  vested  rights  by 
flooding  or  otherwise. 

SEC.  12.  When  the  right  to  mine  is  in  any  case  separate  from  the 
ownership  or  right  of  occupancy  to  the  surface,  the  owner  or  rightful 
occupant  of  the  surface  may  demand  satisfactory  security  from  th< 
miner,  and  if  it  be  refused,  may  enjoin  such  miner  from  working  until 
such  security  is  given.  The  order  for  injunction  shall  fix  the  amount 
of  bond. 

SEC.  13. — Re-location  by  the  Owner. — If  at  any  time  the  locatoi 
of  any  mining  claim  heretofore  or  hereafter  located,  or  his  assigns,  shall 
apprehend  that  his  original  certificate  was  defective,  erroneous,  or  that 
the  requirements  of  the  law  had  not  been  complied  with  before  filing ; 
or  shall  be  desirous  of  changing  his  surface  boundaries,  or  of  taking 
in  any  part  of  an  overlapping  claim  which  has  been  abandoned ;  or  in 
case  the  original  certificate  was  made  prior  to  the  passage  of  this  law, 
and  he  shall  be  desirous  of  securing  the  benefits  of  this  Act,  such  loca- 
tor or  his  assigns  may  file  an  additional  certificate,  subject  to  the  pro- 
visions of  this  Act.  Provided,  That  such  re-location  does  not  interfere 
with  the  existing  rights  of  others  at  the  time  of  such  re-location,  and 
no  such  re-location  or  the  record  thereof,  shall  preclude  the  claimant  or 
claimants  from  proving  any  such  title  or  titles  as  he  or  they  may  have 
held  under  previous  location. 


84  STATE  AND  TERRITORIAL  MINING  LAWS. 

SEC.  14. — Labor. — The  amount  of  work  done,  or  improvements 
made  during  each  year,  shall  be  that  prescribed  by  the  laws  of  the  Uni- 
ted States. 

SEC.  15. — Proof  of  Labor. — Within  six  months  after  any  set  time, 
or  annual  period  herein  allowed  for  the  performance  of  labor,  or  mak- 
ing improvements  upon  any  lode  claim,  the  person  on  whose  behalf 
such  outlay  was  made,  or  some  person  for  him,  shall  make  and  record 
an  affidavit,  in  substance  as  follows  : 
STATE  OF  COLORADO 

County  of , 

Before  me,  the  subscriber,  personally  appeared  ,  who,  being 

duly  sworn,  saith  that  at  least  dollars'  worth  of  work  or  im- 
provements were  performed  or  made  upon  [here  describe  claim  or  part 

of  claim]  situate  in mining  district,  county  of ,  State  of 

Colorado.     Such  expenditure  was  made  by  or  at  the  expense  of -, 

owners  of  said  claim,  for  the  purpose  of  said  claim. 

[Jurat.]  [Signature.] 

And  such  signature  shall  be  prima  facie  evidence  of  the  performance 
of  such  labor. 

SEC.  1 6. — Relocation  of  Abandoned  Claims. — The  re-location 
of  abandoned  lode  claims  shall  be  by  sinking  a  new  discovery  shaft  and 
fixing  new  boundaries  in  the  same  manner  as  if  it  were  the  location  of 
a  new  claim ;  or  the  re-locator  may  sink  the  original  discovery  shaft  ten 
feet  deeper  than  it  was  at  the  time  of  abandonment,  and  erect  new,  or 
adopt  the  old  boundaries,  renewing  the  posts,  if  removed  or  destroyed 
In  either  case  a  new  location  stake  shall  be  erected.  In  any  case, 
whether  the  whole  or  part  of  an  abandoned  claim  is  taken,  the  location 
certificate  may  state  that  the  whole  or  any  part  of  the  new  location  is 
located  as  abandoned  property. 

SEC.  17. — One  Record  for  Each  Claim. — No  location  certificate 
shall  claim  more  than  one  location,  whether  the  location  be  made  by 
one  or  several  locators.  And  if  it  purport  to  claim  more  than  one 
location,  it  shall  be  absolutely  void,  except  as  to  the  first  location  there- 
in described.  And  if  they  are  described  together,  or  so  that  it  cannot 
be  told  which  location  is  first  described,  the  certificate  shall  be  void  as 
to  all. 

SEC.  1 8.  All  Acts  or  parts  of  Acts  in  conflict  with  this  Act,  are  re 
pealed. 

SEC.  19.  This  Act  shall  be  in  force  from  and  after  June  15,  1874. 

Approved  February  13,  1874. 

An  Act  Concerning  Mines. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  Colorado 

Territory  : 

SEC.  i. — Right  of  Survey  and  Inspection. — In  all  actions  pend- 
ing in  any  district  court  of  this  Territory,  wherein  the  title  or  right  of 
possession  to  any  mining  claim  shall  be  in  dispute,  the  said  court,  or  the 
judge  thereof,  may,  upon  the  application  of  any  of  the  parties  to  such 
suit,  enter  an  order  for  the  underground  as  well  as  surface  survey  of 
such  part  of  the  property  in  dispute,  as  may  be  necessary  to  a  just  deter- 
mination of  the  question  involved.  Such  order  shall  designate  some 


STATE  AND  TERRITORIAL  MINING  LAWh>.  85 

competent  surveyor,  not  related  to  any  of  the  parties  to  such  suit,  no 
in  any  wise  interested  in  the  result  of  the  same ;  and  upon  the  apphca 
tion  of  the  party  adverse  to  such  application,  the  court  may  als( 
appoint  some  competent  surveyor,  to  be  selected  by  such  adverse  appli- 
cant, whose  duty  it  shall  be  to  attend  upon  such  survey,  and  observe  the 
method  of  making  the  same ;  said  second  survey  to  be  at  the  cost  of 
the  party  asking  therefor.  It  shall  also  be  lawful  in  such  order  to 
specify  the  names  of  witnesses  named  by  either  party,  not  exceeding 
three  on  each  side,  to  examine  such  property,  who  shall  thereupon  be 
allowed  to  enter  into  such  property  and  examine  the  same ;  said  court, 
or  the  judge  thereof,  may  also  cause  the  removal  of  any  rock,  debris,  or 
other  obstacle  in  any  of  the  drifts  or  shafts  of  said  property,  when  such 
removal  is  shown  to  be  necessary  to  a  just  determination  of  the  ques- 
tions involved ;  Provided,  however,  that  no  such  order  shall  be  made 
for  survey  and  inspection,  except  in  open  court  or  in  chambers,  upon 
notice  of  application  for  such  order  of  at  least  six  days,  and  not  then 
except  by  agreement  of  parties,  or  upon  the  affidavit  of  two  or  more 
persons  that  such  survey  and  inspection  is  necessary  to  the  just  deter- 
mination of  the  suit,  which  affidavits  shall  state  the  facts  in  such  case, 
and  wherein  the  necessity  for  survey  exists;  nor  shall  such  order  be 
made  unless  it  appears  that  the  party  asking  therefor  had  been  refused 
the  privilege  of  survey  and  inspection  by  the  adverse  party. 

SEC.  2. — Mandatory  Writ  to  Restore  Possession. — The  said 
district  courts  of  this  Territory,  or  any  judge  thereof,  sitting  in  chan- 
cery, shall  have,  in  addition  to  the  power  already  possessed,  power  to 
issue  writs  of  injunction  for  affirmative  relief,  having  the  force  and 
effect  of  a  writ  of  restitution,  restoring  any  person  or  persons  to  the 
possession  of  any  mining  property  from  which  he  or  they  may  have 
been  ousted,  by  force  and  violence,  or  by  fraud,  or  from  which  they 
are  kept  out  of  possession  by  threats,  or  whenever  such  possession  was 
taken  from  him  or  them  by  entry  of  the  adverse  party  on  Sunday,  or  a 
legal  holiday,  or  while  the  party  in  possession  was  temporarily  absent 
therefrom.  The  granting  of  such  writ  to  extend  only  to  the  right  of  pos- 
session under  the  facts  of  the  case  in  respect  to  the  manner  in  which 
the  possession  was  obtained,  leaving  the  parties  to  their  legal  rights  on 
all  other  questions  as  though  no  such  writ  had  issued. 

SEC.  3.— Unlawful  Entry.— In  all  cases  where  two  or  more  per- 
sons shall  associate  themselves  together  for  the  purpose  of  obtaining  the 
possession  of  any  lode,  gulch,  or  placer  claim,  then  in  the  actual  pos- 
session of  another,  by  force  and  violence,  or  threats  of  violence,  or  by 
stealth,  and  shall  proceed  to  carry  out  such  purpose  by  making  threats 
against  the  party  or  parties  in  possession,  or  who  shall  enter  upon  such 
lode  or  mining  claim  for  the  purpose  aforesaid,  or  who  shall  enter  upon 
or  into  any  lode,  gulch,  placer  claim,  quartz  mill,  or  other  mining 
property,  or  not  being  upon  such  property,  but  within  hearing  of  the 
same,  shall  make  any  threats,  or  make  use  of  any  language,  signs,  or 
gestures,  calculated  to  intimidate  any  person  or  persons  at  work  on  said 
property,  from  continuing  to  work  thereon  or  therein,  or  to  intimidate 
others  from  engaging  to  work  thereon  or  therein,  every  such  person  so 
offending,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  to  exceed 
two  hundred  and  fifty  dollars,  and  be  imprisoned  in  the  county  jail  not 
less  than  thirty  days  nor  more  than  six  months ;  such  fine  to  be  dis- 


86  STATE  AND  TERRITORIAL  MINING  LAWS. 

charged  either  by  payment  or  by  confinement  in  said  jail  until  such  fine 
is  discharged  at  the  rate  of  two  dollars  and  fifty  cents  ($2.50)  per  day. 
On  trials  under  this  section,  proof  of  a  common  purpose  of  two  or  more 
persons  to  obtain  possession  of  property  as  aforesaid,  or  to  intimidate 
laborers  as  above  set  forth,  accompanied  or  followed  by  any  of  the  acts 
above  specified  by  any  of  them,  shall  be  sufficient  evidence  to  convict 
any  one  committing  such  acts,  although  the  parties  may  not  be  associ- 
ated together  at  the  time  of  committing  the  same. 

SEC.  4. — Guilty  of  Murder. — If  any  person  or  persons  shall  asso- 
ciate and  agree  to  enter  or  attempt  to  enter  by  force  of  numbers  and 
the  terror  such  numbers  are  calculated  to  inspire  ;  or  by  force  and  vio- 
lence, or  by  threats  of  violence  against  any  person  or  persons  in  the 
actual  possession  of  any  lode,  gulch,  or  placer  claim;  and  upon  such 
entry  or  attempted  entry,  any  person  or  persons  shall  be  killed,  said 
persons,  and  all  and  each  of  them  so  entering  or  attempting  to  enter, 
shall  be  deemed  guilty  of  murder  in  the  first  degree,  and  punished  ac- 
cordingly. Upon  the  trials  of  such  cases,  any  person  or  parties  cog- 
nizant of  such  entry,  or  attempted  entry,  who  shall  be  present,  aiding, 
assisting,  or  in  any  wise  encouraging  such  entry,  or  attempted  entry, 
shall  be  deemed  a  principal  in  the  commission  of  said  offense. 

SEC.  5.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved,  February  13,  1874. 

Placer  Mining  Claims. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Colorado : 

SECTION  i .  The  discoverer  of  a  placer  claim  shall,  within  thirty  days 
from  the  date  of  discovery,  record  his  claim  in  the  office  of  the  re- 
corder of  the  county  in  which  said  claim  is  situated,  by  a  location  cer- 
tificate, which  shall  contain :  First,  the  name  of  the  claim,  designating 
it  as  a  placer  claim.  Second,  the  name  of  the  locator.  Third,  the  date 
of  location.  Fourth,  the  number  of  acres  or  feet  claimed.  And  Fifth, 
a  description  of  the  claim  by  such  reference  to  natural  objects  or  per- 
manent monuments  as  shall  identify  the  claim. 

Before  filing  such  location  certificate,  the  discoverer  shall  locate  his 
claim :  First,  by  posting  upon  such  claim  a  plain  sign  or  notice,  con- 
taining the  name  of  the  claim,  the  name  of  the  locator,  the  date  of 
discovery,  and  the  number  of  acres  or  feet  claimed.  Second,  by  mark 
ing  the  surface  boundaries  with  substantial  posts,  and  sunk  in  the 
ground,  to  wit :  One  at  each  angle  of  the  claim. 

SEC.  2.  On  each  placer  claim  of  one  hundred  and  sixty  acres  or 
more  heretofore  or  hereafter  located,  and  until  a  patent  has  been  issued 
therefor,  not  less  than  one  hundred  dollars'  worth  of  labor  shall  be  per- 
formed or  improvements  made  by  the  first  day  of  August,  1879,  and  by 
the  first  day  of  August  of  each  year  thereafter.  On  all  placer  claims 
containing  less  than  one  hundred  and  sixty  acres,  the  expenditure  dur- 
ing each  year  shall  be  such  proportion  of  one  hundred  dollars,  as  the 
number  of  acres  bears  to  one  hundred  and  sixty.  On  all  placer  claims 
containing  less  than  twenty  acres,  the  expenditures  during  each  year 
hall  not  be  less  than  twelve  dollars ;  but  when  two  or  more  claims  lie 
contiguous,  and  are  owned  bv  the  same  person,  the  expenditure  hereby 
required  for  each  claim  may  be  uuule  oi»  any  one  claim ;  and  upon  a 


STATE  AND  TERRITORIAL  MINING  LAWS.  87 

failure  to  comply  with  these  conditions,  the  claim  or  claims  upon  which 
such  failure  occurred,  shall  be  open  to  relocation,  in  the  same  manner 
as  if  no  location  of  the  same  had  ever  been  made ;  provided,  that  the 
original  locators,  their  heirs,  assigns,  or  legal  representatives,  have  not 
resumed  work  upon  the  claim  after  failure  and  before  such  location ; 
provided,  the  aforesaid  expenditures  may  be  made  in  building  or  repair- 
ing ditches  to  conduct  water  upon  such  ground,  or  in  making  other 
mining  improvements  necessary  for  the  working  of  such  claim. 

Upon  the  failure  of  any  one  of  several  co-owners  to  contribute  his 
proportion  of  the  expenditures  required  hereby,  the  co-owners  who  have 
performed  the  labor  or  made  the  improvements,  may  at  the  expiration 
of  the  year,  to  wit :  the  first  of  August,  1879,  f°r  the  locations  hereto- 
fore made,  and  one  year  from  the  date  of  locations  hereafter  made,  give 
such  delinquent  co-owner  personal  notice  in  writing,  or  if  he  be  a  non- 
resident of  the  state,  a  notice  by  publication  in  the  newspaper  published 
nearest  the  claim  for  at  least  once  a  week  for  ninety  days,  and  mailing 
him  a  copy  of  such  newspaper  if  his  address  be  known ;  and  if  at  the 
expiration  of  ninety  days  after  such  notice  in  writing,  or  after  the  first 
publication  of  such  notice,  such  delinquent  should  fail  or  refuse  to  con- 
tribute his  proportion  of  the  expenditure  required  by  this  action  [sec- 
tion], his  interest  in  the  claim  shall  become  the  property  of  his  co- 
owners  who  have  made  the  required  expenditures. 

[The  foregoing  was  filed  in  the  office  of  the  Secretary  of  State  by  the 
Governor  March  12,  1879,  without  his  signature,  and  became  a  law 
inder  Section  n,  Art.  IV.,  Constitution  of  Colorado.] 

MISCELLANEOUS  GENERAL  LAWS,  1877. 
Taxation. 

Extract  from  the  Constitution  of  Colorado. 

ART.  X.,  SEC.  3. — Mines  Exempt. — Page  58.  Mines  and  mining 
claims  bearing  gold,  silver,  and  other  precious  metals  (except  the  net 
proceeds  and  surface  improvements  thereof),  shall  be  exempt  from  tax- 
ation for  the  period  of  ten  years  from  the  date  of  the  adoption  of  this 
constitution  (July  i,  1876),  and  thereafter  may  be  taxed  as  provided  by 
law. 

Penal  Provisions. 

764.  SEC.  169. — False  Weights.     If  any  person  shall  knowingly 
have,  keep,  or  use  any  false  or  fraudulent  scales  or  weights  for  weighing 
gold  or  gold  dust,  or  any  other  article  or  commodity,  every  such  person 
so  offending  shall,  on  conviction,  be  fined  not  exceeding  five  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  six  months. 

765.  SEC.  170. — Punishment  for  Certain  Mill-Owners. — The 
owner,  manager,  or  agent  of  any  species  of  quartz   mill,  arastra  mill, 
furnace,  or  cupel,  employed  in  extracting  gold  from  quartz,  pyrites,  or 
other  minerals,  who  shall  neglect  or  refuse  to  account  for  or  pay  over 
and  deliver  all  the  proceeds   thereof  to   the  owner   of  such   quartz, 
pyrites,  or  other  minerals,  excepting  such  portion  of  said  proceeds  a^ 
he  is  entitled  to  in  return  for  his  services,  shall,  on  conviction,  be  fined 
in  a  sum  not  exceeding  one  thousand  dollars,  or  be  imprisoned  in  thi 
penitentiary  not  exceeding  one  year. 


88  STATE  AND  TERRITORIAL  MINING  LAWS. 

776.  SEC.  181. — Salting  Ores.— That  every  person  who  shall  min- 
gle or  cause  to  be  mingled  with  any  sample  of  gold  or  silver  bearing 
ore,  any  valuable  metal  or  substance  whatever,  that  will  increase  or  in 
any  way  change  the  value  of  said  ore,  with  the  intent  to  deceive,  cheat, 
or  defraud  any  person  or  persons,  shall,  on  conviction  thereof,  be  pun- 
ished by  a  fine  not  less  than  $500  nor  more  than  $1,000,  or  by  confine- 
ment in  the  penitentiary  for  a  term  of  not  less  than  one  nor  more  than 
fourteen  years,  or  by  both  such  fine  and  imprisonment. 

1603.  SEC.  i. — Destroying  Landmarks. — That  if  any  person  or 
persons  shall  willfully  and  maliciously  deface,  remove,  pull  down,  in- 
jure, or  destroy  any  location-stake,  side-post,  corner-post,  landmark,  or 
monument,  or  any  other  legal  land  boundary  monument  in  this  state, 
designating,  or  intending  to  designate  the  location,  boundary,  or  name 
of  any  mining  claim,  lode,  or  vein  of  mineral,  or  the  name  of  the  dis- 
coverer, or  date  of  discovery  thereof;  the  person  or  persons  so  offend- 
ing shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not  more 
than  one  year,  at  the  discretion  of  the  court ;  provided,  that  this  Act 
shall  not  apply  to  abandoned  property. 

673.  SEC.  78. — Passing  Counterfeit  Gold  Dust. — Every  person 
who  shall  mingle  or  procure  to  be  mingled  with  any  uncoined  gold  or 
gold  dust  now  current,  or  which  shall  hereafter  be  current  in  this  state, 
any  counterfeit  gold  dust,  or  counterfeit  uncoined  gold,  or  any  base 
metal  or  substance  whatever,  with  intent  to  utter  or  pass  the  same,  or  to 
procure  the  same  to  be  uttered  or  passed  as  gold  dust  or  uncoined  gold, 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  to  exceed  one 
thousand  dollars,  or  by  confinement  in  the  penitentiary  for  a  term  not 
less  than  one  year  nor  more  than  fourteen  years. 

1961.  SEC.  5. — Buying  Stolen  Ore. — Any  person,  association,  or 
corporation,  or  the  agent  of  any  person,  association,  or  corporation, 
who  shall  knowingly  purchase  or  contract  to  purchase,  or  shall  make 
any  payment  for  or  on  account  of  any  ore,  which  shall  have  been  taken 
from  any  mine  or  claim,  by  persons  who  have  taken  or  may  be  holding 
possession  of  any  such  mine  or  claim,  contrary  to  any  penal  law  now  in 
force,  or  which  may  be  hereafter  enacted,  shall  be  considered  as  an 
accessory  after  the  fact  to  the  unlawful  holding  or  taking  of  such  mine 
or  claim,  and  upon  conviction  shall  be  subjected  to  the  same  punish- 
ment to  which  the  principals  may  be  liable. 

1962.  SEC.  6. — False  Mill  Weights. — Any  person,  association,  or 
corporation,  or  the  agent  of  any  person,  association  or  corporation  en- 
gaged in  the  business  of  milling,  sampling,  concentrating,   reducing, 
shipping,  or  purchasing  ores  as  aforesaid,  who  shall  keep  or  use  any 
false  or  fraudulent  scales  or  weights  for  weighing  ore,  or  who  shall  keep 
or  use  any  false  or  fraudulent  assay  scales  or  weights  for  ascertaining  the 
assay  value  of  ore,  knowing  them  to  be  false,  every  person  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
shall  be  fined  in  a  sum  not  exceeding  one  thousand  (1,000)  dollars,  nor 
less  than  one  hundred  (100)  dollars,  or  imprisonment  not  more  than 
one  year,  or  both,  at  the  discretion  of  the  court. 

1963.  SEC.  7. — False  Mill  Returns. — Any  person,  corporation,  01 
association,  or  the  agent  of  any  person,  corporation,  or  association,  en 

in  the  milling,  sampling,  concentrating,  reducing,  shipping,  01 


STATE  AND  TERRITORIAL  MINING  LAWS.  89 

purchasing  of  ores  in  this  state,  who  shall,  in  any  manner,  knowingly 
alter  or  change  the  true  value  of  any  ores  delivered  to  him  or  them,  so 
as  to  deprive  the  seller  of  the  result  of  the  correct  value  of  the  same, 
or  who  shall  substitute  other  ores  for  that  delivered  to  him  or  them,  01 
who  shall  issue  any  bill  of  sale  or  certificate  of  purchase  that  does  not 
exactly  and  truthfully  state  the  actual  weight,  assay  value,  and  total 
amount  paid  for  any  lot  or  lots  of  ore  purchased,  or  who,  by  any  secret 
understanding  or  agreement  with  another,  shall  issue  a  bill  of  sale  or 
certificate  of  purchase  that  does  not  truthfully  and  correctly  set  forth 
the  weight,  assay  value,  and  total  amount  paid  for  any  lot  or  lots  of  ore 
purchased  by  him  or  them,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  (1,000)  dollars,  nor  less  than  one  hundred  (100)  dollars,  or 
imprisonment  not  more  than  one  year,  or  both,  at  the  discretion  of  the 
court. 

1964.  SEC.  8. — Larceny  of  Ores. — If  any  person,  lessee,  licensee, 
or  employee  in  or  about  any  mine  in  this  State,  shall  break  and  sever, 
with  intent  to  steal  the  ore  or  mineral  from  any  mine,  lode,  ledge,  or 
deposit  in  this  State,  or  shall  take,  remove,  or  conceal  the  ore  or  min- 
eral from  any  mine,  lode,  ledge,  or  deposit,  with  intent  to  defraud  the 
owner  or  owners,  lessee,  or  licensee  of  any  such  mine,  lode,  ledge,  or 
deposit,  such  offender  shall  be  deemed  guilty  of  felony,  and  on  convic- 
tion, shall  be  punished  as  for  grand  larceny. 

Drainage  of  Mines. 

1830.  SECTION  i. — Proportionate  Share. — Whenever  contiguous 
and  adjacent   mines   upon   the  same  or  upon  separate  lodes  have  a 
common  ingress  of  water,  or  from  subterraneous  communication  of  the 
water  have  a  common  drainage,  it  shall  be  the  duty  of  the  owners, 
lessees,  or  occupants  of  each  mine  so  related  to  provide  for  their  pro- 
portionate share  of  the  drainage  thereof. 

1831.  SEC.  2. — Failure  to  Drain. — Any  parties  so  related,  failing 
to  provide  as  aforesaid,  for  the  drainage  of  the  mines  owned  or  occu- 
pied by  them,  thereby  imposing  an  unjust  burden  upon  neighboring 
mines  whether  owned  or  occupied  by  them,  shall  pay  respectively  to 
those  performing  the  work  of  drainage,  their  proportion  of  the  actual 
and  necessary  cost  and  expense  of  doing  such  drainage,  to  be  recovered 
by  an  action  in  any  court  of  competent  jurisdiction. 

1832.  SEC.  3. — Draining  Corporation. — It  shall  be  lawful  for  all 
mining  corporations  or  companies,  and  all  individuals  engaged  in  min- 
ing, having  thus  a  common  interest  in  draining  such  mines,  to  unite  for 
the  purpose  of  effecting  the  same,  under  such  common  name  and  upon 
such  terms  and  conditions  as  may  be  agreed  upon  ;  and  every  such 
association,  having  filed  a  certificate  of  incorporation,  as  provided  by 
law,  shall  be  deemed  a  corporation,  with  all  the  rights,  incidents,  and 
liabilities  of  a  body  corporate,  so  far  as  the  same  may  be  applicable. 

1833.  SEC.  4. — Failure  to  Mutually  Agree. — Failing  to  mutually 
agree,  as  indicated  in  the  preceding  section,  for  drainage  jointly,  one 
or  more  of  the  said  parties  may  undertake  the  work  of  drainage,  after 
giving  reasonable  notice ;  and  should  the  remaining  paities  then  fail, 
neglect  or  refuse  to  unite  in  equitable  arrangements  for  doing  the  work, 
or  sharing  the  expense  thereof,  they  shall  be  subject  to  an  action  there- 


90  STATE  AND  TERRITORIAL  MINING  LAWS. 

for  as  already  specified,  to  be  enforced  in  any  court  of  competent  juris 
diction. 

1834.  SEC.  5. — Court  Proceedings. — When  action  is  commenced 
to  recover  the  cost  and  expenses  for  draining  a  lode  or  mine,  it  shall  be 
lawful  for  the  plaintiff  to  apply  to  the  court,  if  in  session,  or  to  the 
judge  thereof  in  vacation,  for  an  order  to  inspect  or  examine  the  lodes 
or  mines  claimed  to  have  been  drained  by  the  plaintiff;  or  some  one 
for  him,  shall  make  affidavit  that  such  inspection  or  examination  is 
necessary  for  a  preparation  of  the  case  for  trial.     The  court  or  judge 
shall  grant  an  order  for  the  underground  inspection  and  examination  of 
the  lode  or  mines  described  in  the  petition.     Such  order  shall  designate 
the  number  of  persons,  not  exceeding  three  besides  the  plaintiff  or  his 
representative,  to  examine  and  inspect  such  lode  and  mines,  and  take 
the  measurement  thereof,  relating  the  amount  of  water  drained  from 
the   lode  or  mine,  or  the- number  of  fathoms  of  ground  mined  and 
worked  out  of  the  lode  or  mines  claimed  to  have  been  drained,  the  cost 
of  such  examination  and  inspection  to  be  borne  by  the  party  applying 
therefor.     The  court  or  judge  shall  have  power  to  cause  the  removal  of 
any  rock,  debris,  or  other  obstacles  in  any  lode  or  vein,  when  such 
removal  is  shown  to  be  necessary  to  a  just  determination  of  the  question 
involved ;  provided,  that  no  such  order  for  inspection  and  examination 
shall  be  made  except  in  open  court,  or  at  chambers,  upon  notice  of 
application  for  such  order  of  at  least  three  days,  and  not  then  except  by 
agreement  of  parties,  nor  unless  it  appears  that  the  plaintiff  has  been 
refused  the  privilege  of  making  the  inspection  and  examination  by  the 
lefendant,  his  or  their  agent. 

1835.  SEC.  6. — Water  Beyond  Control. — That  hereafter,  when 
any  person  or  persons,  or  corporation,  shall  be  engaged  in  mining  or 
milling,  and  in  the  prosecution  of  such  business  shall  hoist  or  raise 
water  from  the  mines  or  natural  channels,  and  the  same  shall  flow  away 
from  the  premises  of  such   persons,  or  corporations,   to  any  natural 
channel  or  gulch,  the  same  shall  be  considered  beyond  the  control  of  the 
party  so  hoisting  or  raising  the  same,  and  may  be  taken  and  used  by 
other  parties  the  same  as  that  of  natural  water  courses. 

1836.  SEC.  7. — Liable   for   Injury. — After   any  such  water  shall 
have  been  so  raised,  and  the  same  shall  have  flown  into  any  such  natural 
channel,  gulch,  or  draw,  the  party  so  hoisting  or  raising  the  same  shall 
only  be  liable  for  injury  caused  thereby,  in  the  same  manner  as  riparian 
owners  along  natural  water  courses. 

1837.  SEC.  8. — Undeveloped  Mines. — The  provisions  of  this  Act 
shall  not  be  construed  to  apply  to  incipient  or  undeveloped  mines,  but 
to  those  only  which  shall  have  been  opened,  and  shall  clearly  derive  a 
benefit  from  being  drained. 

1838.  SEC.  9. — Admissible   Evidence. — In  trial  of  cases  arising 
under  this  Act,  the  court  shall  admit  evidence  of  the  normal  stand,  or 
position  of  the  water  while  at  rest  in  an  idle  mine,  also  the  observed 
prevalence  of  a  common  water  level,  or  a  standing  water  line  in  the 
same,  or   separate   lodes;    also,  the  effect  (if  any)   the   elevating   or 
depressing  the  water  by  natural  or  mechanical  means  in  any  given  lode, 
has  upon  elevating  or  depressing  the  water  in  the  same,  contiguous,  or 
separate  lodes  or  mines ;  also,  the  effect  which  draining  or  ceasing  to 
drain  any  given  lode  or  mine  had  upon  the  water  in  the  same  or  con- 


STATE  AND  TERRITORIAL  MINING  LAWS.  gi 

tiguous  or  separate  lodes  or  mines,  and  all  other  evidence  which  tends 
to  prove  the  common  ingress  or  subterraneous  communication  of  water 
into  the  same  lode  or  mine,  or  contiguous  or  separate  lodes  or  mines. 

Ore. 

1957.  SECTION  i. — Contents    of    Record. — That    every   person, 
association,  or  corporation  that  shall  be  engaged  in  the  business  of  mill- 
ing, sampling,  concentrating,  reducing,  shipping,  or  purchasing  ores  in 
the  State  of  Colorado,  shall  keep  and  preserve  a  book  in  which  shall  be 
entered  at  the  time  of  the  delivery  of  each  lot  of  ore  : 

First — The  name  of  the  party  on  whose  behalf  such  ore  is  delivered, 
as  stated. 

Second — The  name  of  the  teamster,  packer,  or  other  persons  actually 
delivering  such  ore,  and  the  name  of  the  owner  of  the  team  or  pack 
train  delivering  such  ore. 

Third — The  weight  or  amount  of  every  such  lot  of  ore. 

Fourth — The  name  and  location  of  the  mine  or  claim  from  which  it 
shall  be  stated  that  the  same  has  been  mined  or  procured. 

Fifth — The  date  of  delivery  of  any  and  all  lots  or  parcels  of  ore. 

1958.  SEC.  2. — Proceedings  when  Ore  is  Stolen. — Whenever 
affidavit  shall  have  been  made  before  any  police  magistrate  of  any  town 
in  this  State,  or  any  justice  of  the  peace  of  any  county,  by  any  person, 
that  ore  has  been  stolen  from  him,  stating  as  near  as  may  be  the  amount 
and  value  of  the  ore  stolen,  such  person  upon  presentation  of  a  certified 
copy  of  such  affidavit,  shall  have  access  to  such  book,  and  may  examine 
the  entries  which   may  have  been  made  therein  during  a  period  of 
fifteen  days  next  preceding  the  filing  of  such  affidavit ;  provided,  tha 
the  person  making  such  affidavit  shall,  at  the  time  of  making  the  same, 
have  a  present  interest  in  the  product  of  the  mine  or  claim  from  which 
said  ore  has  been  stolen,  or  in  the  ore  alleged  to  have  been  stolen. 

1959.  SEC.  3. — Failure  to  Keep  Required  Books. — Every  per- 
son, association,  or  corporation  that  shall  fail  or  refuse  to  keep  the  book 
required  by  the  terms  of  the  first  section  of  this  Act,  or  shall  fail  or 
refuse  to  make  any  proper  entry  therein,  or  who  shall  make  any  false 
entry  therein,  or  who  shall  refuse  to  any  person  who  may  be  entitled  to 
the  same,  as  provided  by  section  two  (2)  of  this  Act,  the  right  of  in- 
spection thereof,  shall  forfeit  and  pay  for  each  and  every  violation  of 
the  provisions  of  said  section  a  penalty  of  not  less  than  fifty  (50)  nor 
more  than  three  hundred  (300)  dollars,  to  be  collected  by  action  of 
debt  at  the  suit  of  any  person  who  may  sue  for  the  same.     In  addition 
to  such  penalty,  any  person,  association,  or  corporation  violating  the 
provisions  of  said  first  section,  shall  be  liable  at  the  suit  of  the  party  or 
persons  aggrieved,  in  the  proper  form  of  action,  for  all  damages  which 
may  accrue  to  any  party  or  person  by  reason  of  such  violation.     And 
in  all  actions  the  fact  that  a  false  entry  has  been  made  shall  be  prima 
facie  evidence  that  the  same  was  made  wilfully  or  knowingly. 

1960.  SEC.  4. — Failure  to  Make  Inquiries. — If  any  person,  asso- 
ciation, or  corporation  shall  fail  or  neglect  to  make  the  inquiries  neces- 
sary to  the  making  of  the  proper  entries  in  said  book,  as  provided  in 
section  one  (i)  of  this  Act,  or  shall  so  negligently  make  entries  therein 
that  any  lot  of  ore  cannot  be  particularly  identified,  or  so  negligently 
that  it  cannot  be  perceived  therefrom  what  person  delivered  any  lot  of 


92  STATE  AND  TERRITORIAL  MINING  IAWS. 

ore  or  received  the  proceeds  of  the  same  when  purchased,  or  shall  fail 
to  keep  such  book,  or  shall  wilfully  suffer  the  same  to  be  lost,  or  mislaid, 
so  that  the  same  cannot  be  produced  for  inspection,  such  failure  or  ne- 
glect shall  not  excuse  any  party  defendant  in  any  suit  brought  under 
the  preceding  section  from  judgment  for  any  penalty  prescribed  by  said 
section. 

Water  Rights. 

1798.  SEC.  2. — Right  of  Way. — Whenever  any  person  or  persons 
are  engaged  in  bringing  water  into  any  portion  of  the  mines,  they  shall 
have  the  right  of  way  secured  to  them,  and  may  pass  over  any  claim, 
road,  ditch,  or  other  structure ;  provided,  the  water  be  guarded  so  as  not 
to  interfere  with  prior  rights. 

1821.  SEC.  n.  All  mining  claims  now  located,  or  which  maybe 
hereafter  located,  shall  be  subject  to  the  right  of  way  of  any  ditch  or 
flume  for  mining  purposes,  or  of  any  tramway  or  pack-trail,  whether 
now  in  use,  or  which  may  be  hereafter  laid  out  across  any  such  location ; 
provided,  always,  that  such  right  of  way  shall  not  be  exercised  against 
any  location  duly  made  and  recorded,  and  not  abandoned  prior  to  the 
establishment  of  the  ditch,  flume,  tramway,  or  pack-trail,  without  con- 
sent of  the  owner,  except  by  condemnation,  as  in  case  of  land  taken 
for  public  highways.  Parol  consent  to  the  location  of  any  such  ease- 
ment, accompanied  by  the  completion  of  the  same  over  the  claim,  shall 
be  sufficient  without  writings ;  and  provided  further,  that  such  ditch  or 
flume  shall  be  so  constructed  that  the  water  from  such  ditch  or  flume 
shall  not  injure  vested  rights  by  flooding  or  otherwise. 

2779.  SEC.  3. — Miners'  Inch. —  *  *  And  water  sold  by  the  inch 
by  any  individual  or  corporation,  shall  be  measured  as  follows,  to  wit : 
Every  inch  shall  be  considered  equal  to  an  inch  square  orifice  under  a 
five-inch  pressure,  and  a  five-inch  pressure  shall  be  from  the  top  of  the 
orifice  of  the  box  put  into  the  banks  of  the  ditch,  to  the  surface  of 
water;  said  boxes,  or  any  dot  or  aperture  through  which  such  water 
may  be  measured,  shall  in  all  cases  be  six  inches  perpendicular  inside 
measurement,  except  boxes  delivering  less  than  twelve  inches,  which 
may  be  square,  with  or  without  slides ;  all  slides  for  the  same  shall  move 
horizontally  and  not  otherwise ;  and  said  box  put  into  the  banks  of 
ditch  shall  have  a  descending  grade  from  the  water  in  ditch  of  not  less 
than  one-eighth  of  an  inch  to  the  foot. 

Tailings. 

1804.  SEC.  8. — Miners  Responsible. — In  no  case  shall  any  per- 
son or  persons  be  allowed  to  flood  the  property  of  another  person  with 
water,  or  wash  down  the  tailings  of  his  or  their  sluice  upon  the  claim  or 
property  of  other  persons,  but  it  shall  be  the  duty  of  every  miner  to 
take  care  of  his  own  tailings,  upon  his  own  property,  or  become  re- 
sponsible for  all  damages  that  may  arise  therefrom. 

Hauling  Quartz. 

1805.  SEC.  9. — Right  of  Way. — Every  miner  shall  have  the  right 
of  way  across  any  and  all  claims  for  the  purpose  of  hauling  quartz  from 
his  claim. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


93 


Mining  Claims,  Real  Estate,  Actions. 

185.  SEC.  26. — Definitions. — The  terms  "land"  and  "real  e.^ 
ate,"  as  used  in  this  chapter,  shall  be  construed  as  co-extensive  in 
meaning  with  the  terms  "lands,  tenements,  hereditaments,"  and  as 
embracing  mining  claims  and  other  claims,  and  chattels  real.  The 
term  "deed"  includes  mortgages,  leases,  releases,  and  every  convey- 
ance or  encumbrance  under  seal. 

2126.  SEC.  3. — Transferable  Interest. — The  owner  of  every 
claim  or  improvement,  on  every  tract  or  parcel  of  land,  has  a  transfer- 
able interest  therein,  which  may  be  sold  in  execution  or  otherwise ;  and 
any  sale  of  such  improvement  is  a  sufficient  consideration  to  sustain  a 
promise. 

2131.  SEC.  8. — Claimant  May  Maintain  Action. — Any  person 
settled  upon  any  of  the  public  lands  belonging  to  the  United  States, 
may  maintain  trespass  quare  clausum  fregit,  trespass,  ejectment,  forcible 
entry  and  detainer,  unlawful  detainer,  and  forcible  detainer,  for  inju- 
ries done  to  the  possession  thereof. 

2135.  SEC.   12. — City  and  Village  Lots. — Any  person  who  may 
have  a  title  to  occupy  any  lot  or  lots  within  any  city  or  village  plot,  or 
any  lots  or  mining  claim  within  any  mining  district  in  this  state,  in 
virtue  of  a  certificate,  deed  of  gift  or  purchase  from  the  original  claim- 
ant or  claimants,  or  their  assigns,  as  well  as  all  purchasers,  under  any 
decree  or  execution  of  any  of  the  so-called   provisional  government 
courts,  peoples'  or  miners'  courts,  of  the  lands  situate  within  any  city 
or  village  plot,  or  any  lots,  land,  or  mining  claims  situate  within  any 
mining  district,  together  with  the  original  claimant  or  claimants  of  said 
lots,  land,  or  mining  claims,  shall  be  entitled  to  maintain  the  actions 
authorized  by  the  eighth  section  of  this  chapter,  against  any  and  all 
persons  who  shall  enter  upon  and  occupy  said  lots,  lands,  or  mining 
claims,  or  any  Of  them;  provided,  it  shall  be  lawful  for  the  citizens  of 
any  mining  district  to  declare  an  abandonment  of  any  creek,  river, 
gulch,  bank,  or  mining  claim  a  forfeiture  of  the  rights  of  the  claimants 
thereto;  in  which  case  the  parties  claimant  shall  not  be  enabled  to 
maintain   either   of  the   actions-  mentioned   in   section   eight  of  this 
chapter. 

2136.  SEC.  13. — United  States  Title. — Nothing  in  this  chapter 
contained  shall  be  construed  to  deny  the  right  of  the  United  States  to 
dispose  of  any  lands  in  this  state ;  nor  shall  the  fact  that  the  title  to  any 
lots,  lands,  lodes,  or  mining  claims  hath  not  passed  from  the  United 
States,  be  any  bar  to  the  recovery  of  the  plaintiff  in  either  of  the  ac- 
tions specified  in  section  eight  of  this  chapter.     As  against  the  United 
States,  and  all  persons  holding  any  of  said  lands  under  the   United 
States,  or  the  laws  thereof,  this  chapter  shall  be  of  non-effect  and  void. 

For  laws  as  to  liens  of  miners  and  mechanics,  see  Session  Laws  of 
1881,  p.  168;  Laws  of  1883,  p.  225;  Laws  of  1893,  p.  315;  Laws 
of  1895,  p.  202. 


94  STATE  AND  TERRITORIAL  MINING  LAWS. 

Annual  Assessment. 

AN  ACT  to  amend  Section  2410  of  the  general  statutes,  being  Section 
26,  of  Chapter  LXXIV.  thereof,  entitled  "Mines." 

SECTION  i.  Affidavit. — That  Section  2410,  of  the  general  statutes, 
being  Section  26,  of  Chapter  LXXIV.  thereof,  entitled  "Mines,"  be. 
and  the  same  is  hereby  amended  so  as  to  read  as  follows:  2410,  Sec 
tion  26.  Within  six  months  after  any  set  time  or  annual  period 
allowed  for  the  performance  of  labor  or  making  improvements,  upoi 
any  lode  claim  or  placer  claim,  the  person  on  whose  behalf  such  outla) 
was  made,  or  some  person  for  him,  may  make  and  record  in  the  office 
of  the  Recorder  of  the  county  wherein  such  claim  is  situate,  an  affidavit 
in  substance  as  follows : 
STATE  OF  COLORADO, 

County. 

Before  me,  the  subscriber,  personally  appeared ,  who,  being 

duly  sworn,  saith,  that  at  least dollars'  worth  of  work  or  im- 
provements were  performed  or  made  upon  (here  describe  claim  or  part 

of  claim,)  situate  in  mining  district,  county  of ,  State 

of  Colorado,  between  the  day  of ,  A.  D.  ,  and  the 

day  of ,  A.  D. .     Such  expenditure  was  made  by  or 

at  the  expense  of owners  of  said  claim,  for  the  purpose  of  com- 
plying with  the  law  and  holding  said  claim. 


[Jurat.]  [Signature.] 

And  such  affidavit,  when  so  recorded,  shall  \>z  prima  facie  evidence 
of  the  performance  of  such  labor  or  the  making  of  such  improve 
ments. 

SEC.  2.  Take  Effect. — In  the  opinion  of  this  General  Assembly 
an  emergency  exists ;  therefore  this  act  shall  take  effect  from  and  after 
its  passage. 

Approved  March  31,  1887. — Laws  of  1887,  page  342. 

AN  ACT  to  amend  an  Act  entitled,  "An  Act  to  amend  section  twenty-four 
hundred  and  ten  of  the  General  Statutes,  being  section  twenty-six  of 
Chapter  LXXIV.  thereof,  entitled  'mines,'"  approved  March  ji, 
1887. 

SECTION  i. — Affidavit  of  Expenditure. — That  section  one  of  an 
act  entitled  "An  Act  to  amend  section  twenty-four  hundred  and  ten 
of  the  General  Statutes,  being  section  twenty-six  of  Chapter  LXXIV. 
thereof,  entitled  'Mines,'  "  approved  March  31,  1887,  De  and  the 
same  is  hereby  amended  to  read  as  follows:  Sec.  i.  That  section 
twenty-four  hundred  and  ten  of  the  General  Statutes,  being  section 
twenty-six  of  Chapter  LXXIV.  thereof,  entitled  "  Mines,"  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows :  2410,  Sec.  26. 
Within  six  months  after  any  set  time  or  annual  period  allowed  for  the 
performance  of  labor  or  making  improvements  upon  any  lode  claim  or 
placer  claim,  the  person  on  whose  behalf  such  outlay  was  made,  or 
•ome  person  for  him,  may  make  and  record  in  the  office  of  the  Re- 


STATE  AND  TERRITORIAL  MINING  LAWS.  95 

corder  of  the  county  wherein  such  claim  is  situate,  an  affidavit  in  sub- 
stance as  follows: 
STATE  OF  COLORADO, 

County. 

Before  me,  the  subscriber,  personally  appeared ,  who,  being 

duly  sworn,  saith  that  at  least dollars  worth  of  work  or  im- 
provements were  performed  or  made  upon  (here  describe  claim  or  part 

of  claim,)  situate  in mining  district,  county  of ,  State 

of  Colorado,  between  the day  of ,  A.  D.,  ,  and  the 

day  of A.  D.  .     Such  expenditure  was  made  by  or  at 

the  expense  of ,  owners  of  said  claim,  for  the  purpose  of  com- 
plying with  the  law  and  holding  said  claim. 

[Jurat.]  [Signature.] 

And  such  affidavit,  when  so  recorded,  shall  be  prima  facie  evidence 
of  the  performance  of  such  labor,  or  the  making  of  such  improvements ; 
Provided,  That  all  affidavits  of  labor  or  improvements  upon  placer 
claims  heretofore  filed  and  recorded  within  the  period  prescribed  in 
this  section,  or  within  the  period  prescribed  in  section  twenty-four 
hundred  and  ten  of  the  General  Statutes,  which  shall  contain  in  sub- 
stance the  requirements  of  the  affidavit  prescribed  by  this  section,  or 
said  section  twenty-four  hundred  and  ten,  shall  be  prima  facie  evidence 
of  the  performance  of  such  labor  or  the  making  of  such  improvements; 
and  the  original  thereof,  or  a  certified  copy  of  the  record  of  the  same, 
shall  be  received  as  evidence  accordingly  by  the  courts  of  this  State, 
and  this  class  of  evidence  shall  be  receivable,  where  relevant  or  mater- 
ial, in  all  cases,  whether  now  pending  or  hereafter  brought. 

Approved  April  20,  1889. 

Laws  of  1889.     Page  261. 

Lens  on  Mines. 

An  Act  to  amend  Sec.  8  of  an  Act  entitled,  "  An  Act  to  secure 
liens  to  mechanics  and  others,  and  to  repeal  all  laws  in  conflict  there 
with."  Approved  April  3d,  1893: 

SEC.  8,  Workmen  and  Materials. — The  provisions  of  this  Act 
shall  apply  to  all  persons  who  shall  do  work,  or  shall  furnish  material 
for  the  working,  preservation  or  development  of  any  mine,  lode  or 
mining  claim  or  deposit,  yielding  metals  or  minerals  of  any  kind,  or 
for  the  working,  preservation  or  development  of  any  such  mine  lode 
or  deposit,  in  search  of  such  metals  or  minerals ;  and  to  all  persons 
who  shall  do  work  or  furnish  materials  upon  any  shaft,  tunnel,  incline, 
adit,  drift  or  draining  of  any  such  mine,  lode  or  deposit :  Provided, 
That  when  two  or  more  lodes,  mines  or  deposits,  owned  or  claimed  by 
the  same  person  or  persons,  shall  be  worked  through  a  common  shaft, 
tunnel,  incline,  adit,  drift  or  other  excavation,  then  all  the  mines, 
lodes  or  deposits  so  worked  shall,  for  the  purpose  of  this  Act,  be 
deemed  one  mine  :  and  Provided  further,  That  this  section  shall  not 
be  deemed  to  apply  to  the  owner  or  owners  of  any  mine,  lode,  de- 
posit, shaft,  tunnel,  incline,  adit,  drift  or  other  excavation,  who  shall 
lease  the  same  in  small  blocks  of  ground  to  one  or  more  sets  of  lessees. 
[Immediate.] 

Approved  April  13,  1895.     Laws  of  l895>  Pa8e  202- 


96  STATE  AND  TERRITORIAL  MINING  LA\YS. 

Mining  Tunnels. 

SECTION  i .  Rights  of  Tunnel  Owners. — Any  person  or  company 
who  has  or  hereafter  may  have  a  tunnel  or  cross-cut,  the  mouth  of 
which  is  located  upon  his  own  ground  or  upon  ground  in  his  lawful 
occupation,  shall  have  the  right  to  drive  and  continue  the  same  through 
and  across  any  located  or  patented  claim  in  front  of  the  mouth  of  such 
tunnel,  but  not  to  follow  or  drive  upon  any  vein  belonging  to  the 
owner  of  such  claim. 

SEC.  2.  Rights  of  Owners  of  Intersecting  Claims. — Such  tun- 
nel or  cross-cut  may  be  driven  and  worked  for  the  purpose  of  drainage 
and  for  the  purpose  of  reaching  and  working  mining  ground  of  the  tunnel 
owner  beyond  the  intersected  claim.  The  owner  or  owners  of  any 
vein  or  any  claim  or  claims  so  intersected,  or  his  duly  authorized 
agent,  shall  have  the  right  to  enter  such  tunnel  upon  application  to  the 
owner  or  owners  of  said  tunnel  without  resorting  to  any  process  of  law 
for  the  purpose  of  making  a  survey  and  inspecting  such  vein  or  veins 
as  may  be  crossed  within  the  boundary  lines  of  such  intersected  claim, 
and  if  the  owner  or  owners  of  such  tunnel  shall,  by  bulk-heading, 
damming  back  or  in  any  manner  prevent  the  inspection  or  survey 
herein  provided  for,  or  if  such  owner  or  owners  shall  in  any  manner 
prevent  the  natural  drainage  of  water  from  such  intersected  claim  or 
claims  without  the  consent  of  the  owner  or  owners  thereof,  it  shall 
work  a  forfeiture  of  all  rights  granted  under  Section  One  of  this  Act. 

SEC.  3.  Owner  of  Ore — Damages.— If  any  ore,  the  property  of 
the  owner  of  the  claim  intersected  or  crossed,  be  extracted  in  driving 
such  tunnel,  it  shall  be  the  property  of  the  owner  of  the  vein  from 
which  it  was  taken,  and  the  owner  of  the  tunnel  shall  be  liable  for 
all  actual  damages  or  injury  done  to  the  owner  of  the  claim  crossed  by 
his  tunnel. 

SEC.  4.  Burden  of  Proof. — In  all  actions  between  the  tunnel 
owner  and  others  involving  the  right  to  any  vein  discovered  in  such 
tunnel,  the  burden  of  proving  that  the  vein  so  discovered  is  not  the 
property  of  the  adverse  claimant  in  such  action  shall  be  on  the  tunnel 
owner. 

Approved  April  17,  1897. 

Session  Laws,  1897,  page  181. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


IDAHO. 

Miners'  Lien. 

SEC.    12. — Quartz    Mine    or    Material. — Every   sub-contractor, 

journeyman,  laborer,  or  other  person,  performing  labor  or  furnishing 
materials  for  any  contractor,  in  or  upon  any  quartz  claim,  ledge,  or 
mine,  in  working  in  the  same  or  in  the  improvement  or  development 
thereof  in  the  completion  or  performance  of  any  contract  entered  into 
by  any  person  in  this  Territory,  every  such  person  or  persons  so  per- 
forming such  labor  or  furnishing  such  material  shall  have  a  lien  upon 
all  the  interest  in  such  quartz  claim,  ledge,  or  mine,  of  the  person  or 
persons  employing  him  or  them,  or  purchasing  such  materials  with  the 
improvements  thereon  and  appurtenances  thereto  belonging,  and  also 
upon  all  the  interest  of  the  person  or  persons  for  whom  such  person  or 
persons  acts  as  agent,  or  the  owner  or  owners,  for  the  value  of  such 
work,  or  labor  or  materials  furnished,  and  all  the  provisions  of  this  act 
shall  apply  in  respect  to  recording,  recovering,  and  enforcing  such  liens 
provided  for  in  this  section :  provided,  the  person  or  persons  claiming 
such  lien  shall  within  thirty  days  after  the  performance  of  such  labor  or 
furnishing  such  materials,  give  notice  in  writing  to  any  person  or  per- 
sons, agent  or  agents,  owner  or  owners,  and  shall  within  forty  days  file 
their  lien  in  other  respects  as  provided  by  this  act. 

SEC.  13. — Quartz  Mine  or  Ore. — When  any  person  or  persons 
shall  do  or  perform  any  work  or  labor  in  or  upon  or  for  any  quartz 
claim,  mine,  or  ledge,  in  working  the  same  or  in  the  improvement  or 
development  thereof;  or  in  the  preparation  of  the  ores  thereof  for  re- 
duction ;  or  in  the  hauling  of  the  ores  thereof;  or  shall  perform  labor 
or  service  as  superintendent,  manager,  or  foreman  of  any  mine  or 
ledge,  or  shall  perform  labor  as  a  mechanic  or  artisan  therefor ;  such 
person  or  persons  shall  have  a  lien  upon  all  the  interests  in  such  quartz 
claim,  ledge,  or  mine  of  the  person  or  persons  employing  him  or  them, 
or  purchasing  such  materials,  together  with  the  improvements  thereon 
and  appurtenances  for  the  value  of  such  work,  labor,  or  services,  01 
materials  furnished,  and  all  the  provisions  of  this  act  respecting  the 
filing,  recording  and  recovering  and  enforcing  mechanics'  liens  are 
made  applicable  to  this  section  :  provided,  the  person  or  persons  claim- 
ing such  liens  shall,  within  sixty  days  after  the  completion  of  such 
work  or  labor,  or  rendering  said  services  or  furnishing  said  materials, 
file  their  lien  in  other  respects  as  provided  by  this  act. 

SEC.  14. — What  is  Included.— This  Act  shall  be  so  construed  as 
to  include  in  its  provisions  bridges,  ditches,  flumes,  aqueducts  to  create 
hydraulic  power  for  mining  purposes,  and  all  improvements  on  mining 
claims. — Extract  from  an  Act  approved  Jan.  n,  1875.  Laws  of 
1874-5,  p.  615.  See  Act  approved  February  27,  1893,  ^SLW5  of  l893» 
p.  49. 


98  STATE  AND  TERRITORIAL  MINING  LAWS. 

General  Law  of  March  5,  1895. 

SECTION  i.  Width  of  Lode  Claims. — That  Section  3100  of  the 
Revised  Statutes  of  Idaho  be  amended  to  read  as  follows:  Sec.  3100. 
Mining  claims  hereafter  located  upon  veins  or  lodes  of  quartz  or  other 
rock  in  place,  bearing  any  of  the  metals  or  other  valuable  deposits 
mentioned  in  Section  2320  of  the  Revised  Statutes  of  the  United 
States,  may  extend  to  300  feet  on  each  side  of  the  middle  of  the  vein 
or  lode :  Provided,  That  when  the  locators  have  set  stakes,  posts  or 
monuments,  described  in  Section  2  hereof,  to  indicate  the  line  of  the 
vein,  ledge  or  lode,  such  stakes,  posts  or  monuments  must  be  taken  for 
the  purpose  of  such  location,  to  mark  correctly  the  line  thereof,  and 
such  line  must  not  afterwards  be  changed  so  as  to  affect  rights  acquired 
or  interfere  with  any  locations  made  subsequent  thereto. 

SEC.  2.  Location  Notice — Monuments. — Section  3101  of  the 
Revised  Statutes  of  Idaho  be  amended  to  read  as  follows :  Section 
3101.  The  locator  at  the  time  of  making  discovery  of  such  vein  or 
lode,  must  erect  a  monument  at  such  place  of  discovery,  upon  which 
he  must  place  his  name,  the  name  of  the  claim,  the  date  of  discovery 
and  distance  claimed  along  the  vein  each  way  from  such  monument. 
Within  three  days  from  the  date  of  discovery,  he  must  mark  the  boun- 
daries of  his  claim  by  establishing  at  each  corner  thereof,  and  at  any 
angle  in  the  side  lines,  a  monument  marked  with  the  name  of  the  claim 
and  the  corner  or  angle  it  represents ;  also,  at  the  time  of  so  marking 
his  boundaries,  he  must  post  at  his  discovery-monument  his  notice  of 
location,  in  which  must  be  stated :  ist,  the  name  of  the  locator ;  2d, 
the  name  of  the  claim  ;  3d,  the  date  of  discovery;  4th,  the  direction 
and  distance  claimed  along  the  ledge  from  the  discovery;  5th,  the  dis- 
tance claimed  on  each  side  of  the  middle  of  the  ledge ;  6th,  the  dis- 
tance and  direction  from  the  discovery  monument  to  such  natural 
object  or  permanent  monument,  if  any  such  there  be,  as  will  fix  and 
describe  in  the  notice  itself  the  location  of  the  claim ;  and  yth,  the 
name  of  the  mining  district,  county  and  state.  When  from  any  cause 
a  monument  cannot  be  safely  planted  at  the  true  corner  or  angle,  it 
may  be  placed  as  near  thereto  as  practicable,  and  so  marked  as  to  in- 
dicate the  place  of  such  corner  or  angle.  Monuments  may  be  made 
of  any  such  material  or  form  as  will  readily  give  notice,  and  when  of 
posts  or  trees,  they  must  be  hewn  and  marked  upon  the  side  facing 
towards  the  discovery,  and  must  be  at  least  4  inches  square  or  in 
diameter. 

Monuments  must  be  at  least  4  feet  high  above  the  ground,  and  trees 
must  be  so  hewn  as  to  readily  attract  attention.  At  the  time  the 
locator  so  marks  the  boundaries  of  his  claim,  he  may  do  so  in  any 
direction  that  will  not  interfere  with  rights  or  claims  which  existed 
prior  to  his  discovery. 

SEC.  3.  Assessment  Work. — Within  sixty  days  after  such  loca- 
tion, the  locator  or  his  assigns  must  sink  a  shaft  upon  the  lode  to  the 
depth  of  at  least  10  feet  from  the  lowest  part  of  the  rim  of  such  shaft 
at  the  surface,  and  of  not  less  than  16  square  feet  area.  Any  excava- 
tion which  shall  cut  such  vein  ten  feet  from  the  lowest  part  of  the  rim 
of  such  shaft,  and  which  shall  measure  160  cubic  feet  in  extent,  shall 
be  considered  a  compliance  with  this  provision.  Any  located  claim 
upon  which  work  has  been  done  in  compliance  with  the  above  require- 


STATE  AND  TERRITORIAL  MINING  LAWS.  99 

ments,  is  not,  unless  abandoned,  subject  to  relocation  for  a  period  of 
ninety  days  from  and  after  the  date  of  location. 

SEC.  4.  Recording  Notice. — Within  ninety  days  after  the  location 
of  the  claim,  the  locator  or  his  assigns  must  file  for  record  in  the  office 
of  the  county  recorder  of  the  county,  or  of  the  deputy  recorder  of  the 
mining  district  in  which  the  claim  is  situated,  a  substantial  copy  of  his 
notice  of  location. 

SEC.  5.  Relocation. — If  at  any  time  the  locator  of  any  mining 
claim  heretofore  or  hereafter  located,  or  his  assigns,  shall  apprehend 
that  his  original  certificate  was  defective,  erroneous,  or  that  the  re- 
quirements of  the  law  had  not  been  complied  with  before  filing,  or 
shall  be  desirous  of  changing  the  surface  boundaries,  or  of  taking  any 
part  of  an  overlapping  claim  which  has  been  abandoned,  or  in  case 
the  original  certificate  was  made  prior  to  the  passage  of  this  law,  and 
he  shall  be  desirous  of  securing  the  benefits  of  this  Act,  such  locator  or 
his  assigns  may  file  an  additional  certificate,  subject  to  the  conditions 
of  this  Act,  and  to  contain  all  that  this  Act  required  an  original  cer- 
tificate to  contain :  Provided,  That  such  amended  location  does  not 
interfere  with  the  existing  rights  of  others  at  the  time  when  such 
amendment  is  made. 

SEC.  6.  Labor  Affidavit. — Within  sixty  days  after  any  time  set  or 
period  allowed  for  the  performance  of  labor,  or  making  improvements 
upon  any  lode  or  placer  claim,  the  person  in  whose  behalf  such  work 
or  improvement  is  performed,  or  some  person  for  him,  must  make  and 
record  an  affidavit  in  substance  as  follows: 
State  of  Idaho,  County  of ,  ss. 

Before  me  the  subscribed  personally  appeared, ,  who  being 

first  duly  sworn,  says  that  at  least  dollars  worth  of  work  or 

improvements  were  performed  or  made  upon claim,  situate  in 

mining  district,  county  of  state  of  Idaho;  that  such 

expenditure  was  made  by,  for,  or  at  the  expense  of ,  owners  of 

said  claim,  for  the  purpose  of  holding  said  claim. 

Signature, . 

Subscribed  and  sworn   to  before  me  this  day  of , 

189-. 


The  fee  for  administering  the  oath  and  recording  the  foregoing 
affidavit,  when  taken  before  the  county  recorder  or  deputy  mining  re- 
corder, shall  be  fifty  cents ;  the  fee  for  recording  the  same  when  the 
oath  is  taken  before  any  other  officers  authorized  to  administer  oaths 
shall  be  fifty  cents. 

Such  affidavit,  or  a  certified  copy  thereof  in  case  the  original  is  lost, 
shall  be  prima  facie  evidence  of  the  performance  of  such  labor.  The 
failure  to  file  such  affidavit  shall  be  considered  prima  facie  evidence 
that  such  labor  has  not  been  done. 

SEC.  7.  Location  of  Abandoned  Claims. — The  location  of 
abandoned  claims  shall  be  done  in  the  same  manner  as  if  the  location 
were  of  a  new  claim ;  but  the  locator  may,  instead  of  sinking  a  new 
discovery  shaft,  sink  the  original  discovery  shaft  10  feet  deeper  than  it 
was  at  the  time  of  his  location,  or  he  may  drive  the  open  cut  or  tunnel 
10  feet  further  along  the  course  of  the  lead,  lode  or  vein,  and  must 
erect  new  posts  or  monuments. 

SEC.  8.  Void  Location— One  Claim.— No  location  notice  shall 


100  STATE  AND  TERRITORIAL  MINING  LAWS. 

claim  more  than  one  location,  whether  the  location  is  made  by  one  or 
several  locators,  and  if  it  purport  to  claim  more  than  one  location  it  is 
absolutely  void. 

SEC.  9.  County  Records — Deputy  Recorder.— That  Section 
3103  of  the  Revised  Statutes  of  Idaho  is  hereby  amended  to  read  as 
follows : 

Section  3103.  For  the  convenience  of  prospectors  and  locators  the 
county  recorders  of  the  several  counties  must  appoint  a  deputy  at  any 
place  where  he  may  deem  it  necessary,  and  at  all  places  more  than 
twenty  miles  distant  from  an  existing  office  whenever  ten  or  more 
mining  locators  interested  petition  for  the  appointment  of  a  deputy. 
Upon  failure  of  any  recorder  to  appoint  a  deputy  for  ten  days  after  the 
petition  in  writing  has  been  presented  to  him,  the  resident  miners  in 
such  district  may  appoint  temporarily  one  of  their  number  to  act  as  the 
recorder  for  the  district,  whose  record  shall  be  as  valid  as  if  made  by 
the  deputy,  and  must  be  entered  by  the  recorder  as  hereinafter  re- 
quired :  Provided,  That  whenever  at  any  time  afterwards  the  recorder 
has  appointed  a  deputy  for  such  district  or  place,  the  authority  of  the 
person  elected  by  the  resident  miners  ceases. 

SEC.  10.  Surface  Ground. — When  the  right  to  mine  is  in  any 
case  separate  from  the  ownership  or  right  of  occupancy  of  the  surface 
ground,  the  owners  or  rightful  occupants  of  the  surface  ground  may 
demand  satisfactory  security  from  the  miners,  and,  if  it  be  refused  or 
not  given,  may  enjoin  such  miners  from  working  such  ground  until 
such  security  is  given.  The  court  granting  the  writ  of  injunction  shall 
fix  the  amount  and  nature  of  the  security. 

SEC.  ii.  Placer  Locations. — Placer  claims,  as  mentioned  in  Sec. 
2329  of  the  Revised  Statutes  of  the  United  States,  may  be  located  for 
the  purpose  of  mining  deposits  and  precious  stones  after  the  discovery 
of  such  deposits. 

SEC.  12.  Placer  Records. — The  locator  of  any  placer  mining 
claim,  located  for  the  purpose  of  mining  placer  deposits  or  precious 
stones,  must,  at  the  time  of  making  the  location,  comply  with  all  the 
requirements  of  Sec.  2  and  3  of  this  Act.  Every  placer  claim  must  be 
recorded  within  thirty  days  from  the  time  of  the  location  thereof,  in 
the  district  in  which  the  same  is  situated  or  in  the  office  of  the  county 
recorder  of  the  county  wherein  the  claim  is  situated.  The  location 
notice  thereof  must  contain  the  date  of  the  location,  the  name  of  the 
locator,  the  name  and  dimensions  of  the  claim,  and  must  also  give  such 
a  description  of  the  locality  thereof,  by  reference  to  natural  landmarks 
or  fixed  objects  and  contiguous  claims,  if  any,  as  to  render  the  situation 
of  the  same  reasonably  certain  from  the  letter  of  the  notice  itself. 

SEC.  13.  Locator's  Affidavit. — That  Sec.  3104  of  the  Revised 
Statutes  of  Idaho  be  amended  to  read  as  follows : 

Section  3104.  At  or  before  the  time  of  presenting  a  location  notice 
for  record,  whether  it  be  for  a  quartz  or  placer  claim,  one  of  the  loca- 
tors named  in  the  same  must  make  and  subscribe  an  affidavit  in  writ- 
ing, on  or  attached  to  the  notice,  substantially  in  the  following  form, 
to  wit : 
State  of  Idaho,  County  of ,  ss. 

I,  ,  do  solemnly  swear  that  I  am  a  citizen  of  the  United 

States  of  America  (or  have  declared  my  intentions  to  become  such), 


STATE  AND  TERRITORIAL  MINING  LAWS.  101 

and  that  I  am  acquainted  with  the  mining  ground  described  in  this 

notice  of  location,  and  herewith  called   the  ledge,  lode  or 

claim ;  that  the  ground  and  claim  therein  described,  or  any  part 
thereof,  has  not,  to  the  best  of  my  knowledge  and  belief,  been  located 
according  to  the  laws  of  the  United  States  and  of  this  State,  or,  if  so 
located,  that  the  same  has  been  abandoned  or  forfeited  by  reason  of  the 
failure  of  such  former  locators  to  comply  in  respect  thereto  with  the 
requirements  of  said  laws,  and  (in  the  case  of  quartz  claims)  that  I 
have  opened  new  ground  to  the  extent  or  depth  of  ten  feet,  as  required 

by  the  laws  of  Idaho.  .  Signature, . 

Subscribed  and   sworn   to  before  me  this  day  of  , 

A.  D.,  189-.  Signature, 


SEC.  14.  Record  Book—  Fee.  —.That  Sec.  3105  of  the  Revised 
Statutes  of  Idaho  is  amended  so  as  to  read  as  follows,  to  wit: 

Section  3105.  The  location  notice  herein  required  to  be  recorded 
must  be  recorded  by  the  deputy  appointed  for  the  district,  or  the  per- 
son appointed  for  that  purpose  as  above  provided  (when  the  legal 
fee  therefor  is  tendered),  in  a  book  to  be  kept  for  that  purpose.  Said 
book  must  be  indexed  with  the  names  of  all  the  locators,  arranged  in 
alphabetical  order,  according  to  the  family  or  surname  of  each.  The 
fee  to  be  tendered  for  making  such  record,  administering  the  oath  to 
the  locator  and  certifying  the  same,  for  indexing  the  names  appearing 
on  the  notice,  and  to  include  recording  the  notice  by  the  recorder,  as 
hereinafter  required,  and  the  indexing  by  said  recorder,  is  $2.00,  which 
fee  must  be  equally  divided  between  the  recorder  and  the  deputy,  or 
the  person  acting  under  an  election  as  hereinbefore  provided,  and  no 
other  additional  sum  of  money  must  be  demanded  or  received  by  either 
of  them  for  any  services  connected  with  the  recording  of  any  location 
notice  made  pursuant  to  the  requirements  of  this  chapter. 

SEC.  15.  Repeals. — Sec.  3102  of  chap,  i,  title  8,  and  sections 
3120,  3121  and  3122,  chap.  2,  title  8,  of  the  Revised  Statutes  of  the 
State  of  Idaho  are  hereby  repealed. 

Laws  of  1895,  page  25. 

An  Act  to  authorize  aliens  to  take,  hold  and  dispose  of 
mining  property. 

SECTION  i.  Aliens  Except  Chinese. — That  any  person,  whether 
citizen  or  alien,  (except  as  hereinafter  provided)  natural  or  artificial, 
may  take,  hold  and  dispose  of  mining  claims  and  mining  property, 
real  or  personal,  tunnel  rights,  mill  sites,  quartz  mills  and  reduction 
works  used  or  necessary  or  proper  for  the  reduction  of  ores,  and  water 
rights  used  for  mining  or  milling  purposes,  and  any  other  lands  or 
property  necessary  for  the  working  of  mines  or  the  reduction  of  the 
products  thereof;  Provided,  That  Chinese,  or  persons  of  Mongolian 
descent  not  born  in  the  United  States,  are  not  permitted  to  acquire 
title  to  land  or  any  real  property  under  the  provisions  of  this  act. 

[Took  effect  immediately.] 

Approved  March  2,  1891. 

Acts  of  1890-1,  p.  118. 


I02  STATE  AND  TERRITORIAL  MINING  LAWS. 

An  Act  to  define  the  manner  of  locating  placer  claims,  to 

determine  the  form  of  the  location  certificates  and  to 

amend  Sec.  12  of  an  Act  entitled  "  An  Act  to  define 

the  manner  of  locating  lode,  quartz  and  placer 

claims."     Approved  March  5,  1895. 

SECTION  i.  Placer  Claims,  how  Located. — That  Section  12  of 
the  above  entitled  Act  be  amended  to  read  as  follows : 

Sec.  12.  The  locator  of  any  placer  mining  claim  located  for  the 
purpose  of  mining  placer  deposits  or  precious  stones,  must,  at  the  time 
of  making  the  location,  place  a  substantial  post  or  monument  as  is  re- 
quired in  the  location  of  quartz  claims  at  each  corner  of  the  location  > 
and  must  also  post  on  one  of  the  same  a  notice  of  location  containing 
the  date  of  the  location,  the  name  of  the  locator,  the  name  and  dimen- 
sions of  the  claim,  the  mining  district  (if  any),  and  county  in  which 
the  same  is  situated ;  and  must  also  give  the  distance  and  direction 
from  said  post  or  monument  to  such  natural  object  or  permanent  mon- 
ument, if  any  such  there  be,  as  will  fix  and  describe  in  the  notice 
itself,  the  location  of  the  claim.  Within  fifteen  days  after  making  the 
location,  the  locator  must  make  an  excavation  upon  the  claim  of  net 
less  than  one  hundred  cubic  feet,  for  the  purpose  of  prospecting  the 
same.  Within  thirty  days  after  the  location,  the  locator  must  file  for 
record  in  the  office  of  the  County  Recorder  of  the  county,  or  of  the 
Deputy  Recorder  of  the  mining  district  in  which  the  claim  is  situated, 
a  substantial  copy  of  his  copy  of  notice  of  location,  to  v,'hich  must  be 
attached  an  affidavit  such  as  is  required  in  the  case  of  quartz  claims. 

Approved  March  2,  1897. 

Session  Laws,  1897,  page  13. 


STATE  AND  TERRITORIAL  MIXING  LAWS.  103 


MONTANA. 

Extract  from  Code  of  1895. 

SECTION  3610.  Mineral  Claim — Location — Notice. — Any  per- 
son, a  citizen  of  the  United  States,  or  one  who  has  declared  his  inten- 
tion to  become  such,  who  discovers  a  vein  or  lode,  bearing  gold,  silver, 
cinnabar,  lead,  tin,  copper  or  other  valuable  deposits,  or  who  discovers 
or  locates  a  placer  deposit  of  gold  or  other  deposits  of  minerals,  in- 
cluding building  stone,  limestone,  marble,  clay,  sand  or  other  mineral 
substances  having  a  commercial  value,  may  locate  a  claim  upon  such 
vein,  lode  or  deposit,  by  defining  the  boundaries  of  the  claim  in  the 
manner  hereinafter  described,  and  by  posting  a  notice  of  such  location 
at  the  point  of  discovery,  which  notice  must  contain:  i.  The  name 
of  the  lode  or  claim.  2.  The  name  of  the  locator  or  locators.  3. 
The  date  of  the  location.  4.  If  a  lode  claim,  the  number  of  linear 
feet  claimed  in  length  along  the  course  of  the  vein,  each  way  from  the 
point  of  discovery,  with  the  width  on  each  side  of  the  center  of  the 
vein,  and  the  general  course  of  the  vein  or  lode  as  near  as  may  be. 
5.  If  a  placer  or  mill  site  claim,  the  number  of  acres  or  superficial 
feet  claimed. 

SEC.  3611.  Discovery  Shaft — Denning  Boundaries. — Before 
the  expiration  of  ninety  days  from  the  date  of  posting  such  notice 
upon  the  claim,  the  locator  or  locators  must  sink  a  discovery  shaft 
upon  the  lode  or  claim  [mill  site  claims  excepted]  to  the  depth  of  at 
least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the  sur- 
face, or  deeper,  if  necessary  to  show  a  well  defined  crevice  or  valuable 
deposit.  Its  equivalent  in  work  must  be  done  upon  placer  claims. 
A  cut,  or  crosscut  or  tunnel  which  cuts  a  lode  at  the  depth  of  ten  feet 
below  the  surface,  or  an  open  cut  of  at  least  ten  feet  in  length  along 
the  lode  from  the  point  where  the  lode  may  be  in  any  manner  discov- 
ered, is  equivalent  to  a  discovery  shaft.  The  locator  or  locators  must 
define  the  boundaries  of  his  or  their  claim  by  marking  a  tree  or  rock 
in  place,  or  by  setting  a  post  or  stone  at  each  corner  or  angle  of  the 
claim.  When  a  post  is  used  it  must  be  at  least  four  inches  square,  by 
four  feet  six  inches  in  length,  set  one  foot  in  the  ground,  with  a  mound 
of  earth  or  stone  four  feet  in  diameter  by  two  feet  in  height  around 
the  post.  When  a  stone  is  used,  not  a  rock  in  place,  it  must  be  at 
least  six  inches  square  and  eighteen  inches  in  length,  set  two-thirds  of 
its  length  in  the  ground,  which  trees,  stakes  or  monuments  must  be  so 
marked  as  to  designate  the  corners. 

SEC.  3612.  Declaratory  Statement— Ninety  Days— County 
Clerk. — Within  ninety  days  of  the  date  of  posting  the  location  notice 
upon  the  claim,  there  must  be  filed  in  the  office  of  the  county  clerk  of 
the  county  in  which  the  lode  or  claim  is  situated  a  declaratory  state- 
ment, which  must  contain  :  i.  The  name  of  the  lode  or  claim.  2.  The 
name  of  the  locator  or  locators.  3.  The  date  of  location  and  such 
description  of  the  location  of  said  claim  with  reference  to  some  natural 


104  STATE  AND  TERRITORIAL  MININXJ  LAWS. 

object  or  permanent  monument  as  will  identify  the  claim.  4.  If  a  lode 
claim,  the  number  of  linear  feet  claimed  in  length  along  the  course  of 
the  vein  each  way  from  the  point  of  discovery,  with  the  width  on  each 
side  of  the  center  of  the  vein,  and  the  general  course  of  the  lode  or 
vein,  as  near  as  may  be.  5.  If  a  placer  or  mill-site  claim,  the  number 
of  acres  or  superficial  feet  claimed.  6.  The  dimensions  and  location 
of  the  discovery  shaft,  or  its  equivalent,  sunk  upon  lode  or  placer 
claims.  7.  The  location  and  description  of  each  corner,  with  the 
markings  thereon.  Such  declaratory  statement  must  be  verified  by  the 
oath  of  the  locator,  or  one  of  the  locators,  and  in  case  of  a  corpora- 
tion by  an  officer  thereof,  duly  authorized  to  act. 

SEC.  3613.  Prior  Records. — All  placer  mining  locations  or  loca- 
tions of  valuable  mineral  deposits,  which  have  heretofore  been  recorded 
in  the  office  of  the  county  clerk  or  recorder,  have  the  same  force  and 
effect  as  though  such  records  had  been  authorized  by  law,1  except  in 
cases  where  the  rights  of  third  persons  had  been  acquired  before  the 
passage  of  this  Code ;  and  such  record  is  entitled  to  be  admitted  in 
evidence  in  any  court. 

SEC.  3614.  Affidavit — Annual  Assessment — CountyClerk. — 
The  owner  of  the  lode  or  piacer  claim  who  performs  or  causes  to  be 
performed  the  annual  work  or  makes  the  improvements  required  by  the 
laws  of  the  United  States  in  order  to  prevent  the  forfeiture  of  the 
claim,  may,  within  twenty  days  after  the  annual  work,  file  in  the  office 
of  the  county  clerk  of  the  county  in  which  such  claim  is  situated,  an 
affidavit  of  his  own,  or  an  affidavit  of  the  person  who  performs  such 
'rork  or  made  the  improvements,  showing  :  i.  The  name  of  the  mining 
«claini  and  where  situated.  2.  The  number  of  days'*  work  done,  and 
the  character  and  value  of  the  improvements  placed  thereon.  3.  The 
date  of  performing  such  work,  and  of  making  improvements.  4.  At 
whose  instance  the  work  was  done  or  the  improvements  made.  5.  The 
actual  amount  paid  for  work  and  improvements,  by  whom  paid  when 
<he  same  was  not  done  by  the  owner.  Such  affidavits,  or  a  certified 
•copy  thereof,  are  prima  facie  evidence  of  the  facts  therein  stated. 

SEC.  3615.  Relocation  of  Abandoned  Mines.— The  relocation 
?>f  an  abandoned  lode  or  placer  claim  must  be  made  by  sinking  a  new 
discovery  shaft,  and  fixing  new  boundaries  in  the  same  manner  as  if  it 
were  an  original  location  made  under  this  Chapter;  or  the  relocator 
may  sink  the  original' shaft  ten  feet  deeper,  in  which  case  the  declara- 
tory statement  must  give  the  depth  and  dimensions  of  the  original  dis- 
covery shaft  at  the  date  of  such  relocation.  In  any  case,  whether  the 
whole  or  part  of  an  abandoned  claim  is  taken,  the  declaratory  state- 
ment may  state  that  the  whole  or  any  part  of  the  new  location  is  located 
as  abandoned  property.  If  it  is  not  known  to  the  locator  that  his  lo- 
cation is  on  an  abandoned  claim,  then  the  provisions  of  this  section 
do  not  apply. 

SEC.  3616.  Declaratory  Statement — Official  Survey. — Where 
a  locator  or  owner  of  a  mining  claim  has  the  boundaries  and  corners 
of  his  claim  established  by  a  United  States  deputy  mineral  land  sur- 
veyor, and  his  claim  connected  with  a  corner  of  the  public  or  minor 
surveys  of  an  established  initial  point,  and  incorporates  into  the  de- 
claratory statement  the  field  notes  of  such  survey,  and  attaches  to  and 
files  with  such  declaratory  statement,  a  certificate  by  the  surveyor  set- 


STATE  AND  TERRITORIAL  MIXING  LAWS.  IO5 

ting  forth  :  i.  That  said  survey  was  actually  made  by  him,  giving  the 
date  thereof.  2.  The  name  of  the  claim  surveyed  and  the  locators 
thereof.  3.  That  the  description  incorporated  in  the  declaratory 
statement  is  sufficient  to  identify  the  claim.  Such  survey  and  certificate 
becomes  a  part  of  the  declaratory  statement,  and  such  declaratory 
statement  is prima  facie  evidence  of  the  facts  therein  contained. 
Political  Code,  1895,  p.  304. 

Right  of  Way — How  Secured. 

SECTION  3630.  Miners'  Right  of  Way.— The  owner  of  a  min- 
ing claim  held  under  the  laws  of  the  United  States  by  patent  or  other- 
wise, or  under  the  local  laws  and  customs  of  the  State,  has  a  right  of 
way  over  and  across  the  land  or  mining  claim,  patented  or  otherwise, 
of  another,  as  prescribed  in  this  chapter. 

SEC.  3631.  Road— Ditch— Cut— Flume— Shaft— Tunnel. — 
Whenever  a  mine  or  mining  claim  is  so  situated  that  it  cannot  be  con- 
veniently worked  without  a  road  thereto,  or  a  ditch  to  convey  water 
thereto,  or  a  ditch  or  a  cut  to  convey  the  water  therefrom,  or  without 
a  flume  to  carry  water  and  tailings  therefrom,  or  without  a  shaft  or 
tunnel  thereto,  which  road,  ditch,  cut,  flume,  shaft,  or  tunnel  must 
necessarily  pass  over,  under,  through,  or  across  any  lands  or  mining 
claims  owned  or  occupied  by  another,  such  owner  is  entitled  to  a  right 
of  way  for  said  road,  ditch,  cut,  flume,  shaft  or  tunnel  over,  under, 
through  and  across  the  lands  or  mining  claims  belonging  to  another, 
upon  compliance  with  the  provisions  of  this  Chapter,. 

SEC.  3632.  Court  Proceedings. — Whenever  such  owner  desires 
to  work  a  mine  or  mining  claim,  and  it  is  necessary  to  enable  him  to 
do  so  successfully  and  conveniently,  that  he  should  have  a  right  of 
way  for  any  of  the  purposes  mentioned  in  the  foregoing  Sections  ;  and, 
if  such  right  of  way  has  not  been  acquired  by  agreement  between  him 
and  the  owner  of  the  land  or  claims,  over,  under,  across,  and  upon 
which  he  seeks  to  establish  such  right  of  way,  it  is  lawful  for  him  to 
present  to  the  Judge  of  the  District  Court  a  complaint  asking  that 
such  right  of  way  be  awarded  to  him.  The  complaint  must  be  verified 
and  contain  a  particular  description  of  the  character  and  extent  of  the 
right  sought,  a  description  of  the  mine  or  mining  claim  of  the  owner, 
and  the  mining  claim  or  claims  and  the  lands  to  be  affected  by  such 
right  of  way,  with  the  names  of  the  occupants  or  owners  thereof,  and 
may  also  set  forth  any  tender  or  offer  hereinafter  mentioned. 

SEC.  3633.  Summons  on  Defendant. — Upon  the  receipt  of 
the  complaint,  and  filing  thereof  with  the  clerk  of  the  court,  the  judge 
must  direct  a  summons  to  issue,  to  the  defendants  named  in  the  com- 
plaint, requiring  them  to  appear  before  the  judge  on  a  day  therein 
named,  which  must  not  be  less  than  ten  days  from  the  service  thereof, 
and  show  cause  why  such  right  of  way  should  not  be  allowed ;  the 
summons  may  be  served  on  each  of  the  parties  in  the  manner  pre- 
scribed by  law  for  serving  summons  in  other  actions. 

SEC.  3634.  Hearing— Commissioners  to  Assess  Damages. 
— Upon  the  return  of  the  summons,  or  upon  any  day  to  which  the 
hearing  is  adjourned,  the  defendants  may  demur  or  answer,  and  issue 
must  be  joined,  and  the  judge  must  hear  the  allegations  and  proofs  of 


106  STATE  AND  TERRITORIAL  MINING  LAWS. 

the  respective  parties,  and  if,  upon  such  hearing,  he  is  satisfied  that 
the  claims  of  the  plaintiff  can  only  be  conveniently  worked  by  means 
of  the  privilege  asked  for,  he  must  make  an  order,  adjudging  and 
awarding  to  the  plaintiff  such  right  of  way,  and  must  appoint  three 
commissioners,  disinterested  persons  and  residents  of  the  county,  to 
assess  the  damages  to  the  lands  or  claims  affected  by  such  order. 

SEC.  3635.  Proceedings  of  Commissioners. — The  commis- 
sioners must  be  sworn  to  faithfully  and  impartially  discharge  their 
duties,  and  must  without  delay  examine  the  property,  lands  and  claims, 
and  assess  the  damages  resulting  from  such  right  of  way,  and  report 
the  amount  to  the  judge,  and  if  such  right  of  way  affects  the  property 
of  more  than  one  person,  such  report  must  contain  an  assessment  of 
damages  to  each  person. 

SEC.  3636.  Report  of  Commissioners. — For  good  cause  shown 
the  judge  may  set  aside  the  report  of  the  commissioners  and  appoint 
three  other  commissioners. 

SEC.  3637.  Plaintiff's  Rights  on  Payment  of  Damages 
and  Costs. — Upon  the  payment  of  the  sum  assessed  as  damages,  and 
all  costs,  to  the  persons  to  whom  it  is  awarded,  or  the  payment  of  the 
same  to  the  clerk  for  the  use  of  such  person,  plaintiff  is  entitled  to  the 
right  of  way,  and  may  immediately  proceed  to  occupy  the  same  and 
to  erect  thereon  such  works  and  structures  and  make  therein  such  ex- 
cavations as  may  be  necessary  to  the  use  and  enjoyment  of  the  right 
of  way  so  awarded. 

SEC.  3638.  Appeal. — An  appeal  from  the  assessment  of  damages 
made  by  the  commissioners  may  be  taken  to  the  District  Court  by  any 
party  interested  at  any  time  within  ten  days  after  the  filing  of  the 
report  of  the  commissioners.  A  written  notice  of  appeal  must  be 
filed  with  the  clerk,  and  served  upon  the  opposite  party. 

SEC.  3639.  Appeal — Costs. — On  appeal  the  question  of  the 
amount  of  damages  may  be  tried  by  the  court  or  jury  as  in  other  cases. 
If  the  appellant  recovers  damages  exceeding  the  amount  awarded  by 
the  commissioners,  the  opposite  party  must  pay  the  costs  of  appeal, 
Otherwise  the  appellant. 

SEC.  3640.  Costs. — All  costs  and  expenses  of  the  proceedings 
under  the  provisions  of  this  Chapter,  except  as  provided  in  the  next 
preceding  Section,  must  be  paid  by  the  plaintiff  or  party  making  the 
application.  The  judge  may,  if  the  right  of  way  asked  for  is  denied, 
allow  the  opposite  party  a  reasonable  counsel  fee. 

SEC.  3641.  Appeal  to  the  Supreme  Court. — An  appeal  to  the 
Supreme  Court  may  be  taken  by  either  party, -as  in  other  cases. 

Political  Code,  1895,  p.  307. 

SEC.  494.  Statute  of  Limitations. — No  action  for  the  recovery 
of  mining  claims  (lode  claims  excepted),  or  for  the  recovery  of  pos- 
session thereof,  shall  be  maintained,  unless  it  appears  that  the  plaintiff 
or  his  assigns  was  seized  or  possessed  of  such  mining  claims  within  pne 
year  before  the  commencement  of  such  action.  [Code  of  Civil  Pro- 
cedure, 1895,  p.  785.] 

SEC.  1321.  Customs  as  Proof. — In  actions  respecting  mining 
claims,  proof  must  be  admitted  of  the  customs,  usages,  or  regulations 
established  and  in  force  at  the  bar  or  diggings  embracing  such  claim, 
and  such  customs,  usages,  or  regulations,  when  not  in  conflict  with  the 


STATE  AND  TERRITORIAL  MINING  LAWS.  107 

laws  of  this  State  or  the  United  States,  must  govern  the  decision  of 
the  action. 

SEC.  1322.  Patent  Application — Possession. — In  an  action 
brought  to  determine  the  respective  rights  of  claimants  to  the  pos- 
session of  a  mining  claim  or  quartz  lode,  under  the  provisions  of  the 
Acts  of  Congress  of  the  United  States,  it  is  immaterial  which  party  is 
in  possession,  and  it  is  sufficient  to  confer  jurisdiction  upon  the  court 
if  it  appears  from  the  pleadings  that  the  application  for  a  patent  has 
been  made,  and  an  adverse  claim  thereto  filed  and  allowed  in  the 
proper  land  office;  and  the  verdict  or  decision  must  find  which  party 
is  entitled  to  the  possession  of  the  premises  in  dispute. 

Code  of  Civil  Procedure,  1895,  p.  853. 

See  Code  of  1895,  Index,  p.  2068,  for  references  to  "mines,"  and 
"mines  and  mining,"  and  "mining  claims." 

For  statutes  relating  to  Easements,  see  Civil  Code,  1895,  Sections 
1250  to  1260,  pp.  594  and  595. 


108  STATE  AND  TERRITORIAL  MINING  LAWS. 


NEVADA. 
Certain  County  Recorders. 

CHAP.  LXXII. — An  Act  to  provide  for  the  better  preservation  of  flu 
Mining  Records  in  certain  Mining  Districts  in  this  State. 

The  people,  &c.,  do  enact  as  follows : 

SECTION  i. — District  Mining  Recorder. — In  every  mining  dis- 
trict in  this  State  in  which  the  seat  of  government  of  any  county  is 
situated,  the  county  recorder  of  said  county  shall  be  ex-officio  District 
Mining  Recorder,  subject,  in  the  discharge  of  his  duties,  to  such  rules, 
regulations,  and  compensation,  as  may  be  now  in  force  or  hereafter  pre- 
scribed by  the  mining  lavvs  of  the  mining  districts  respectively  to  which 
this  Act  is  applicable.  He  shall,  as  such  ex-officio  Mining  Recorder,  be 
responsible  on  his  official  bond  for  the  faithful  performance  of  the  du- 
ties of  his  office,  and  the  correct  and  safe  keeping  of  all  the  records 
thereof. 

SEC.  2. — Take  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  the  first  day  of  August,  A.  D.  1880. 

Approved  March  6,  1879. 

[Laws  of  1879,  p.  80.] 

An  Act  in  Relation  to  the  Sale  of  Certain  Lands  Granted  by 
the  United  States  to  the  State  of  Nevada. 

The  People  do  enact  as  follows  • 

SECTION  i. — All  timber  and  mountainous  grazing  lands  hereafter  se- 
lected by  and  listed  to  the  State  of  Nevada,  under  any  grant  made  by 
the  United  States  to  this  State,  shall  be  sold,  reserving  the  minerals 
therein  contained,  and  the  right  to  dispose  of  mining  claims  on  such 
timber  and  mountainous  grazing  lands  in  the  manner  prescribed  by  the 
laws  of  Congress  in  relation  to  the  disposal  of  mineral  lands  and  mining 
claims,  and  such  reservation  and  right  of  disposal  shall  be  expressed  in 
all  patents  hereafter  granted  and  issued  by  the  State  for  such  timber  and 
mountainous  grazing  lands  to  purchasers  thereof  from  the  State. 

SEC.  2. — When  any  minerals  shall  be  discovered  on  any  timber  and 
mountainous  grazing  lands  sold  and  patented  by  the  State,  the  State 
hereby  reserves  and  shall  have  the  right  to  convey  mining  claims  thereon, 
in  the  same  manner  and  of  the  same  amount  in  any  one  claim  as  is  now 
the  law  and  practice  of  the  United  States,  and  the  right  of  way  over  any 
such  timber  and  mountainous  grazing  lands,  to  and  from  such  mining 
claims,  is  hereby  reserved,  and  shall  be  granted  K>  the  grantee  of  any 
such  mining  claim. 

SEC.  3. — All  acts  and  parts  of  acts,  so  far  as  in  conflict  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

Approved  March  i,  1883. 

[Laws  of  1883.     p.  103.] 

For  law  for  Lien  to  Miners,  see  laws  of  1881,  p.  49. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


109 


Preservation  of  the  Mining  Records. 

SECTION  i.  Duplicate  Copy. — It  shall  be  the  duty  of  each  and 
every  mining  recorder  of  the  several  mining  districts  of  the  State  to 
require  all  persons  locating  and  recording  a  mining  claim  to  make  a 
duplicate  copy  of  each  and  every  mining  notice,  which  copy  the  said 
mining  recorder  shall  carefully  compare  with  the  original,  and  mark 
"Duplicate,"  on  its  face  or  margin,  and  he  shall  immediately  deposit 
with  or  transmit  the  same  to  the  County  Recorders  of  the  respective 
counties  in  which  said  mining  district  may  be  located. 

SEC.  2.  District  Recorder's  Fee. — The  said  district  mining 
recorders,  at  the  time  of  comparing  said  duplicate  notices  with  the 
original,  shall  collect  from  the  locators  of  said  mining  claims  the  sum 
of  one  dollar  for  each  and  every  notice  compared,  which  sum  he  shall 
transmit,  together  with  the  said  duplicate  notices,  to  the  County 
Recorders  of  the  respective  counties  in  which  said  mining  claims  shall 
be  located. 

SEC.  3.  Forwarding  Copies. — Whenever,  owing  to  the  distance 
of  the  mining  district  from  the  county  seat,  it  becomes  inconvenient 
for  the  district  mining  recorder  to  personally  deposit  the  duplicate 
copy  with  the  County  Recorder,  then  in  that  case  he  may  forward  the 
same  by  mail  or  express,  or  such  other  manner  as  will  insure  safe  tran- 
sit and  delivery  to  the  County  Recorder. 

SEC.  4.  County  Recorder's  Fee.— The  County  Recorders  of 
the  several  counties  shall  receive  for  their  services  for  recording  each 
of  said  duplicate  notices  the  said  sum  of  one  dollar,  mentioned  in 
section  two  of  this  act. 

SEC.  5.  Evidence. — The  record  .of  the  duplicate  copies  in  the 
office  of  the  County  Recorder,  as  herein  provided,  shall  be  received 
in  evidence,  and  have  the  same  force  and  effect  in  all  courts  of  the 
State  as  the  original  mining  district  records. 

SEC.  6.  Fine  for  Misdemeanor. — Any  person  neglecting  or  re- 
fusing to  comply  with  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  such  fine  and  im- 
prisonment. 

SEC.  7.  Repeal. — All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Approved  February  14,  1885,  page  27. 

An  Act  to  Encourage  Mining. 

SECTION  i. — Mineral  Lands. — The  several  grants  made  by  the 
United  States  to  the  State  of  Nevada,  reserved  the  mineral  lands. 
Sales  of  such  lands  made  by  the  State  were  made  subject  to  such  res- 
ervation. Any  citizen  of  the  United  States,  or  person  having  de- 
clared his  intention  to  become  such,  may  enter  upon  any  mineral  land 
in  this  State,  notwithstanding  the  State's  selection,  and  explore  for 
gold,  silver,  copper,  lead,  cinnabar,  or  other  valuable  minerals,  and 
upon  the  discovery  of  such  valuable  mineral,  may  work  and  mine  the 
same  in  pursuance  of  the  local  rules  and  regulations  of  the  miners,  and 
the  laws  of  the  United  States ;  provided,  that  after  a  person  who  has 


110  STATE  AND  TERRITORIAL  MINING  LAWS. 

purchased  land  from  the  State  has  made  valuable  improvements  thereon, 
such  improvements  shall  not  be  taken  or  injured  without  full  compen- 
sation. But  such  improvement  may  be  condemned  for  the  uses  and 
purposes  of  mining  in  like  manner  as  private  property  is  by  law  con- 
demned and  taken  for  public  use.  Mining  for  gold,  silver,  copper, 
lead,  cinnabar,  and  other  valuable  mineral,  is  the  paramount  interest 
of  this  State,  and  is  hereby  declared  to  be  a  public  use. 

SEC.  2. — Minerals  Excluded. — Every  contract,  patent,  or  deed 
hereafter  made  by  this  State,  or  the  authorized  agents  thereof,  shall 
contain  a  provision  expressly  reserving  all  mines  of  gold,  silver,  copper, 
lead,  cinnabar  and  other  valuable  minerals  that  may  exist  in  such  land, 
and  the  State,  for  itself  and  its  grantees,  hereby  disclaims  any  interest 
in  mineral  lands  heretofore  or  hereafter  selected  by  the  State  on  ac- 
count of  any  grant  from  the  United  States.  All  persons  desiring  titles 
to  mines  upon  lands  which  have  been  selected  by  the  State,  must 
obtain  such  title  from  the  United  States  under  the  laws  of  Congress, 
notwithstanding  such  selection. 

******* 

Approved  March  3,  1887. 
Laws  of  1887.     Page  102. 

An  Act  for  the  Better  Preservation  of  Titles  to  Mining 
Claims. 

SECTION  i. — Co-owners. — Upon  the  failure  of  any*  one  of  the 
several  co-owners  of  a  mining  claim  to  contribute  his  portion  of  the 
expenditures  required  by  law,  the  co-owners  who  have  performed  the 
labor  or  made  the  improvements,  and  who  have  given  such  delinquent 
co-owner  the  requisite  notice,  *  either  personally,  in  writing,  or  by 
publication  in  a  newspaper,  shall  within  thirty  days  after  the  expiration 
of  the  period  required  by  law  to  vest  the  interest  of  such  delinquent 
co-owner  in  the  co-owners  who  have  made  the  required  expenditures, 
have  recorded  in  the  office  of  the  County  Recorder  of  the  county 
wherein  such  mining  claim  is  situated,  a  copy  of  the  notice  in  writing, 
if  the  same  shall  have  been  personally  served,  with  an  affidavit  of  such 
service,  or,  if  the  same  shall  have  been  given  by  publication,  then  a 
copy  of  the  printed  notice,  with  the  affidavit  of  the  newspaper  pub- 
lisher or  his  clerk,  that  the  same  was  published  ninety  days,  together 
with  the  affidavit  of  the  party  signing  the  notice,  to  the  effect  that  one 
or  more  of  the  co-owners  named  in  said  notice  have  neither  paid  their 
share  of  the  expenditures,  nor  made  or  performed  their  share  of  the 
improvements  or  labor.  And  such  record,  or  a  copy  thereof,  duly 
certified  by  the  Recorder,  shall  be  prima  facie  evidence  of  the  facts 
therein  stated. 

SEC.  2. — Affidavit. — Within  thirty  days  after  the  performance  of 
labor  or  making  of  improvements,  required  by  law  to  be  annually  per- 
formed or  made,  upon  any  lode  or  mining  claim,  the  person  in  whose 
behalf  such  labor  was  performed,  or  improvements  made,  or  some  one 
in  his  behalf,  shall  make  before  and  record  with  the  Mining  Recorder 
of  the  district  wherein  such  claim  is  situated,  an  affidavit  setting  forth 
the  amount  of  money  expended,  or  value  of  labor  or  improvements 
made,  or  both,  the  character  of  expenditures,  or  labor  or  improve- 


STATE  AND  TERRITORIAL  MINING  LAWS.  Ill 

ments,  a  description  of  the  claim,  or  part  of  claim  affected  by  such 
expenditures,  or  labor  or  improvements,  for  what  year,  and  the  names 
of  the  owners  or  claimants  of  said  claim  at  whose  expense  the  same  was 
made  or  performed.  Such  affidavit,  or  a  copy  thereof,  duly  certified 
by  the  Recorder,  shall  be  prima  facie  evidence  of  the  performance  of 
such  labor,  or  the  making  of  such  improvements,  or  both.  For  taking 
and  recording  the  affidavit  herein  required,  the  Mining  Recorder  shall 
receive  a  fee  of  one  dollar. 

SEC.  3. — Notice. — The  instruments  and  records  mentioned  in  sec- 
tions one  and  two  shall  be  deemed  to  impart  to  subsequent  purchasers 
and  incumbrancers,  and  to  all  other  persons  whomsoever,  notice  of 
the  contents  thereof. 

Approved  March  5,  1887. 

Laws  of  1 88  7 .     Page  136. 

An  Act  to   amend  Sec.  2  of  an  Act  entitled  "  An  Act  to 
encourage  mining."     Approved  March  3,  1887. 

SECTION  i.  Reservation  of  Mines. — Section  two  of  the  above 
entitled  Act  is  hereby  amended,  so  as  to  read  as  follows : 

Sec.  two.  Every  contract,  patent  or  deed  hereafter  made  by  this  State, 
or  the  authorized  agents  thereof,  shall  contain  a  provision  expressly  re- 
serving all  mines  of  gold,  silver,  copper,  lead,  cinnabar,  and  other 
valuable  minerals  that  may  exist  in  such  land,  and  the  State,  for  itself 
and  its  grantees,  hereby  disclaims  any  interest  in  mineral  lands  hereto- 
fore or  hereafter  selected  by  the  State  on  account  of  any  grant  from 
the  United  States.  All  persons  desiring  titles  to  mines  upon  lands 
which  have  been  selected  by  the  State  must  obtain  such  title  from  the 
United  States  under  the  laws  of  Congress,  notwithstanding  such 
selection. 

Approved  March  5,  1897. 

Session  Laws,  1897,  page  36. 

An  Act  to  amend  Sec.  4  and  5  of  an  Act  entitled  "  An  Act 

to  provide  for  the  better  preservation  of  the  mining 

records  of  this  State,  and  to  repeal   all   other 

Acts    in   conflict  with   this   Act." 

Approved  Feb.  14,  1885. 

SECTION  i.  Recording  Fee. — Section  four  of  the  above  entitled 
Act  is  hereby  amended  so  as  to  read  as  follows : 

Section  four.  The  County  Recorders  of  the  several  counties  shall  re- 
ceive for  their  services  for  recording  each  of  said  duplicate  notices 
mentioned  in  section  two  of  this  Act,  the  sum  of  one  dollar  ;  provided, 
that  in  case  the  location  is  made  outside  of  any  organized  mining  dis- 
trict, or  in  the  absence  of  a  mining  recorder  in  any  organized  district, 
then  §the  person  or  persons  making  such  location  shall  within  ninety 
days  after  making  such  location  transmit  a  duplicate  copy  of  such 
notice  to  the  Recorder  of  the  county  in  which  the  location  is  made, 
and  the  Recorder  shall  record  the  same  for  a  fee  of  one  dollar. 

SEC.  2.  Evidence. — Section  five  of  the  above  entitled  Act  is 
hereby  amended  so  as  to  read  as  follows : 


112  STATE  AND  TERRITORIAL  MINING  LAWS. 

Section  five.  The  record  of  any  original  or  duplicate  notice  of  the 
location  of  a  mining  claim  in  the  office  of  the  County  Recorder,  as 
herein  provided,  shall  be  received  in  evidence,  and  have  the  same 
force  and  effect  in  the  Courts  of  the  State,  as  the  original  mining  dis- 
trict records. 

Approved  March  10,  1897. 

Session  Laws,  1897,  page  77. 

An  Act  relating  to  the  location,  relocation,  manner  of  re- 
cording lode  and  placer  claims,  mill  sites,  tunnel  rights, 
amount  of  work  necessary  to  hold  possession  of  min- 
ing claims  and  the  rights  of  co-owners  therein. 

SECTION  i.  Lode  Claims — How  Located. — Any  person,  a  citi- 
zen of  the  United  States,  or  one  who  has  declared  his  intention  to  be- 
come such,  who  discovers  a  vein  or  lode  may  locate  a  claim  upon  such 
vein  or  lode  by  defining  the  boundaries  of  the  claim  in  the  manner 
hereinafter  described,  and  by  posting  a  notice  of  such  location  at  the 
point  of  discovery,  which  notice  must  contain  : 

First — The  name  of  the  lode  or  claim. 

Second — The  name  of  the  locator  or  locators. 

Third — The  date  of  the  location. 

Fourth — The  number  of  linear  feet  claimed  in  length  along  the 
course  of  the  vein,  each  way  from  the  point  of  discovery,  with  the 
width  on  each  side  of  the  centre  of  the  vein,  and  the  general  course  of 
the  vein  or  lode  as  near  as  may  be. 

SEC.  2.  Locations — How  Evidenced. — Before  the  expiration  of 
ninety  days  from  the  posting  of  such  notice  upon  the  claim,  the  locator 
must  sink  a  discovery  shaft  upon  the  claim  located  to  the  depth  of  at 
Least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the  sur- 
face, or  deeper  if  necessary  to  show  by  such  work  a  lode  deposit  of 
mineral  in  place. 

A  cut,  or  crosscut,  or  tunnel,  which  cuts  the  lode  at  a  depth  of  ten 
feet,  or  an  open  cut  of  at  least  ten  feet  in  length  along  the  lode  from 
the  point  where  the  lode  may  be  in  any  manner  discovered,  is  equiva- 
lent to  a  discovery  shaft.  The  locator  must  define  the  boundaries  of 
his  claim  by  marking  a  tree  or  rock  in  place,  or  by  setting  a  post  or 
stone,  one  at  each  corner,  and  one  at  the  center  of  each  side  line. 
When  a  post  is  used,  it  must  be  at  least  four  inches  square  by  four 
feet  six  inches  in  length,  set  one  foot  in  the  ground,  with  a  mound  of 
stone  or  earth  four  feet  in  diameter  by  two  feet  in  height  around  the 
post.  When  it  is  practically  impossible,  on  account  of  bedrock  or 
precipitous  ground,  to  sink  such  posts,  they  may  be  placed  in  a  pile  of 
stones,  or  where  the  proper  placing  of  such  posts  or  monuments  of  stone  is 
impracticable  or  dangerous  to  life  or  limb,  it  shall  be  lawful  to  place 
such  post  or  monument  of  stone  at  the  nearest  point,  properly  marked 
to  designate  its  right  place.  When  a  stone  is  used,  not  a  rock  in  place, 
it  must  be  at  least  six  inches  square  and  eighteen  inches  in  length,  set 
two-thirds  of  its  length  in  the  ground,  which  trees,  stakes  or  monu- 
ments must  be  so  marked  as  to  designate  the  corners  of  the  claim 
located. 

SEC.  3.  Record  of  Location. — Within  ninety  days  of  the  date  of 


STATE  AND  TERRITORIAL  MINING  LAWS.  113 

posting  the  location  notice  upon  the  claim,  the  locator  shall  record  his 
claim  with  the  mining  district  recorder  and  the  county  recorder  of  the 
mining  district  or  county  in  which  such  claim  is  situated  by  a  location 
certificate,  which  must  contain:  ist,  the  name  of  the  lode  or  vein; 
2d,  the  name  of  the  locator  or  locators;  3d,  the  date  of  the  location, 
and  such  description  of  the  location  of  said  claim,  with  reference  to 
some  natural  object  or  permanent  monument,  as  will  identify  the 
claim  ;  4th,  the  number  of  linear  feet  claimed  in  length  along  the 
course  of  the  vein  each- way  from  the  point  of  discovery,  with  a  width 
on  each  side  of  the  center  of  the  vein,  and  the  general  course  of  the 
lode  or  vein  as  near  as  may  be;  5th,  the  dimensions  and  location  of 
the  discovery  shaft,  or  its  equivalent,  sunk  upon  the  claim ;  6th,  the 
location  and  description  of  each  corner,  with  the  markings  thereon. 
Any  record  of  the  location  of  a  lode  mining  claim  which  shall  not  con- 
tain all  the  requirements  named  in  this  section  shall  be  void.  All 
records  of  lode  or  placer  mining  claims,  mill  sites  or  tunnel  rights 
heretofore  made  by  any  recorder  of  any  mining  district,  or  any  county 
recorder,  are  hereby  declared  to  be  valid,  and  to  have  the  same  force 
and  effect  as  records  made  in  pursuance  of  the  provisions  of  this  Act. 
And  any  such  record,  or  copy  thereof,  duly  verified  by  a  mining  re- 
corder, or  duly  certified  by  a  county  recordei,  shall  be  prima  facie  evi- 
dence of  the  facts  therein  stated. 

SEC.  4.  Extent  of  Claim. — The  location  or  record  of  any  vein  or 
lode  claim  shall  be  construed  to  include  all  surface  ground  within  the 
surface  lines  thereof,  and  all  lodes  and  ledges  throughout  their  entire 
depth,  the  top  or  apex  of  which  lies  inside  of  such  lines  extended 
downward,  vertically  with  all  parts  of  such  lodes  or  veins  as  continue 
to  dip  beyond  the  side  lines  of  the  claim,  but  shall  not  include  any 
portion  of  Such  lodes,  veins,  or  ledges  beyond  the  end  lines  of  the 
claim,  or  the  end  lines  continued,  whether  by  dip  or  otherwise,  or  be- 
yond the  side  lines  in  any  other  manner  than  by  the  dip  of  the  lode. 

SEC.  5.  Vein,  how  Followed. — If  the  top  or  apex  of  the  lode  in 
its  longitudinal  course  extends  beyond  the  exterior  lines  of  the  claim 
at  any  point  on  the  surface,  or  as  extended  vertically  downward,  such 
lode  may  not  be  followed  in  its  longitudinal  course  where  it  is  inter- 
sected by  the  exterior  lines. 

SEC.  6  Relocations,  how  Made. — If  at  any  time  the  locator  of 
any  mining  claim  heretofore  or  hereafter  located,  or  his  assigns,  shall 
apprehend  that  his  original  certificate  was  defective,  erroneous,  or  that 
the  requirements  of  the  law  had  not  been  complied  with  before  filing ; 
or  shall  be  desirous  of  changing  his  surface  boundaries,  or  of  taking  in 
any  part  of  an  overlapping  claim  which  has  been  abandoned  ;  or  in 
case  the  original  certificate  was  made  prior  to  the  passage  of  this  law, 
and  he  shall  be  desirous  of  securing  the  benefits  of  this  Act,  such 
locator  or  his  assigns  may  file  an  additional  certificate,  subject  to  the 
provisions  of  this  Act ;  provided,  that  such  relocation  does  not  inter- 
fere with  the  existing  rights  of  others  at  the  time  of  such  relocation, 
and  no  such  relocation  or  the  record  thereof  shall  preclude  the  claim- 
ant or  claimants  from  proving  any  such  titles  as  he  or  they  may  have 
held  under  previous  location. 

SEC.  7.  Relocations  of  Abandoned  Lode  Claims. — The  relo- 
cation of  abandoned  lode  claims  shall  be  by  sinking  a  new  discovery 


II4  STATE  AND  TERRITORIAL  MINING  LAWS. 

shaft,  and  fixing  new  boundaries,  in  the  same  manner  as  if  it  were  the 
location  of  a  new  claim ;  or  the  relocator  may  sink  the  original  dis- 
covery shaft  ten  feet  deeper  than  it  was  at  the  time  of  abandonment, 
in  which  case  the  record  must  give  the  depth  and  dimensions  of  the 
original  discovery  shaft  at  the  date  of  such  relocation,  and  erect  new 
or  adopt  the  old  boundaries,  renewing  the  posts  or  monuments  if  re- 
moved or  destroyed.  In  either  case  a  new  location  stake  shall  be 
erected.  In  any  case  whether  the  whole  or  part  of  an  abandoned 
claim  is  taken,  the  record  may  state  that  the  whole  or  any  part  of  the 
new  location  is  located  as  abandoned  property.  If  it  is  not  known  to 
the  relocator  that  his  location  is  on  an  abandoned  claim,  then  the  pro- 
visions of  this  section  do  not  apply. 

SEC.  8.  Survey  of  Claim  — Where  a  locator,  or  his  assigns,  has 
the  boundaries  and  corners  of  his  claim  established  by  a  United  States 
deputy  mineral  surveyor,  or  a  licensed  surveyor  of  this  State,  and  his 
claim  connected  with  a  corner  of  the  public  or  minor  surveys  of  an  es- 
tablished initial  point,  and  incorporates  into  the  record  of  the  claim 
the  field  notes  of  such  survey,  and  attaches  to  and  files  with  such  loca- 
tion certificate  a  certificate  of  the  surveyor,  setting  forth  :  First,  that 
said  survey  was  actually  made  by  him,  giving  the  date  thereof ;  second, 
the  name  of  the  claim  surveyed  and  the  location  thereof;  third,  that 
the  description  incorporated  in  the  declaratory  statement  is  sufficient 
to  identify.  Such  survey  and  certificate  becomes  a  part  of  the  record, 
and  such  record  is  prima  facie  evidence  of  the  facts  therein  contained. 

SEC.  9.  Annual  Assessment. — The  amount  of  work  done  or  im- 
provements made  during  each  year  to  hold  possession  of  a  mining 
claim,  shall  be  that  prescribed  by  the  laws  of  the  United  States,  to  wit : 
One  hundred  dollars  annually.  In  estimating  the  worth  of  labor  re- 
quired to  be  performed  upon  any  mining  claim,  to  hold  the  same 
under  the  laws  of  the  United  States,  the  value  of  a  day's  labor  is  hereby 
fixed  at  the  sum  of  four  dollars  ;  provided  however,  that  in  the  sense 
of  this  statute  eight  hours  of  labor  actually  performed  upon  the  mining 
claim  shall  constitute  a  day's  labor. 

SEC.  TO.  Affidavit  of  Work  Done. — Within  sixty  days  after ,  the 
performance  ot  labor  or  making  of  improvements,  required  by  law  to 
be  annually  performed  or  made  upon  any  mining  claim,  the  person  in 
whose  behalf  such  labor  was  performed,  or  improvements  made,  or 
some  one  in  his  behalf,  shall  make  and  have  recorded  by  the  mining 
district  recorder  or  the  County  Recorder  in  books  kept  for  that  pur- 
pose in  the  mining  district  or  county  in  which  such  mining  claim  is 
situated,  an  affidavit  setting  forth  the  amount  of  money  expended,  or 
value  of  labor  or  improvements  made,  or  both,  the  character  of  ex- 
penditures or  labor  or  improvements,  a  description  of  the  claim  or  part 
of  the  claim  affected  by  such  expenditures,  or  labor  or  improvements, 
for  what  year,  and  the  name  of  the  owner  or  claimant  of  said  claim,  at 
whose  expense  the  same  was  made  or  performed.  Such  affidavit,  or  a 
copy  thereof,  duly  certified  by  the  County  Recorder,  shall  be  prima 
facie  evidence  of  the  performance  of  such  labor  or  the  making  of  such 
improvements,  or  both. 

SEC.  ii.  Rights  of  Co-owners. — Whenever  a  co  owner  or  co- 
owners  shall  give  to  a  delinquent  co-owner  or  co-owners  the  notice  in 
writing  or  notice  by  publication  provided  for  in  Section  2324,  Revised 


STATE  AND  TERRITORIAL  MINING  LAWS.  HS 

Statutes  of  the  United  States,  an  affidavit  of  the  person  giving  such 
notice,  stating  the  time,  place,  manner  of  service,  and  by  whom  and 
upon  whom  such  service  was  made,  shall  be  attached  to  a  true  copy  of 
such  notice,  and  such  notice  and  affidavit  must  be  recorded  by  the 
mining  district  recorder  or  County  Recorder,  in  books  kept  for  that 
purpose,  in  the  mining  district  or  county  in  which  the  mining  claim 
is  situated  ;  within  ninety  days  after  the  giving  of  such  notice,  or  if 
such  notice  is  given  by  publication  in  a  newspaper,  there  shall  be 
attached  to  a  printed  copy  of  such  notice  an  affidavit  of  the  printer  or 
his  foreman  or  principal  clerk  of  such  paper,  stating  the  date  of  the 
first,  last,  and  each  insertion  of  such  notice  therein,  and  when  and 
where  the  newspaper  was  published  during  that  time,  and  the  name  of 
such  newspaper.  Such  affidavit  and  notice  shall  be  recorded  as  afore- 
said within  one  hundred  and  eighty  days  after  the  first  publication 
thereof.  The  original  of  such  notice  and  affidavits,  or  a  duly  certified 
copy  of  the  record  thereof,  shall  be  evidence  that  the  delinquent  men- 
tioned in  section  2324  has  failed  or  refused  to  contribute  his  proportion 
of  the  expenditure  required  by  that  section  and  of  the  service  or  publi- 
cation of  said  notice  ;  provided,  the  writing  or  affidavit  hereinafter 
provided  for  is  not  of  record.  If  such  delinquent  shall,  within  the 
ninety  days  required  by  section  2324  aforesaid,  contribute  to  his  co- 
owner  or  co-owners  his  proportion  of  such  expenditures,  such  co-owner 
or  co-owners  shall  sign  and  deliver  to  the  delinquent  or  delinquents  a 
writing,  stating  that  the  delinquent  or  delinquents  by  name  has  within 
the  time  required  by  Section  2324  of  the  Revised  Statutes  of  the  United 

States  contributed  his  share  for  the  year  ,  upon  the mine, 

and  further  stating  therein  the  district,  county  and  State  where  the 
same  is  situate,  and  the  book  and  page  where  the  location  notice  is  re- 
corded ;  such  writing  shall  be  recorded  in  the  office  of  the  County  Re- 
corder of  said  county.  If  such  co  owner  or  co-owners  shall  fail  to  sign 
and  deliver  such  writing  to  the  delinquent  or  delinquents  within 
twenty  days  after  such  contribution,  the  co  owner  or  co-owners  so  fail- 
ing as  aforesaid  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to 
be  recovered  by  any  person  for  the  use  of  the  delinquent  or  delin- 
quents in  any  court  of  competent  jurisdiction.  If  such  co-owner  or 
co-owners  fail  to  deliver  such  writing  within  said  twenty  days,  then  the 
delinquent,  with  two  disinterested  persons  having  personal  knowledge 
of  such  contribut  on,  may  make  affidavit  setting  forth  in  what  manner, 
the  amount  of,  to  whom  and  upon  what  mine,  such  contribution  was 
made.  Such  affidavit,  or  record  thereof  in  the  office  of  the  County 
Recorder  of  the  county  in  which  said  mine  is  situate,  shall  be  prima 
facie  evidence  of  such  contribution. 

SEC.  12.  One  Claim — Void  Location.— No  notice  of  location 
of  a  lode  claim  shall  claim  more  than  one  location,  whether  the  loca- 
tion be  made  by  one  or  several  persons.  And  if  such  notice  purport  to 
claim  more  than  one  location,  it  shall  be  absolutely  void,  except  as  to 
the  first  location  therein  described.  And  if  they  are  described  to- 
gether, or  so  that  it  cannot  be  told  which  location  is  first  described, 
the  notice  of  location  shall  be  void  as  to  all. 

SEC.  13.  Placer  Claims— How  Located.— The  locator  of  a 
placer  claim  snail  locate  his  claim  in  the  following  manner : 

First — By  posting  a  notice  of  location  thereon  containing  the  name 


n6  STATE  AND  TERRITORIAL  MINING  LAWS. 

of  the  claim,  the  name  of  the  locator  or  locators,  the  date  of  location 
and  the  number  of  feet  or  acres  claimed. 

Second — By  marking  the  boundaries  of  his  claim  with  a  post,  tree 
or  rock  in  place,  or  by  setting  a  post  or  stone,  one  at  each  angle  of  the 
claim  located.  When  a  post  is  used,  it  must  be  at  least  four  inches 
square  by  four  feet  six  inches  in  length,  set  one  foot  in  the  ground, 
with  a  mound  of  stone  or  earth  four  feet  in  diameter  by  two  feet  in 
height  around  the  post.  Where  it  is  practically  impossible  on  account 
of  bedrock  or  precipitous  ground  to  sink  such  posts,  they  may  be 
placed  in  a  pile  of  stones.  When  a  stone  is  used  not  rock  in  place,  it 
must  be  at  least  six  inches  square  and  eighteen  in  length,  set  two- 
thirds  of  its  length  in  the  ground,  which  tree,  stake  or  monument  must 
be  so  marked  as  to  designate  the  corner  of  the  claim  located  ;  provided, 
that  if  the  United  States  survey  has  been  extended  over  said  land,  then 
the  claim  may  be  taken  by  legal  subdivision,  and  no  other  monument, 
except  that  upon  which  the  location  notice  is  posted,  shall  be  required 
than  the  United  States  corners. 

SEC.  14.  Record  of  Placer  Claims. — The  locator  of  any  placer 
claim  shall,  within  sixty  days  from  the  date  of  the  location  of  such 
claim  have  the  same  recorded  by  the  mining  district  recorder  and  the 
County  Recorder,  in  books  kept  for  that  purpose,  in  the  mining  dis- 
trict or  county  in  which  such  claim  is  situated,  which  record  must  con- 
tain :  First,  the  name  of  the  claim,  designating  it  as  a  placer  claim  ; 
second,  the  name  of  the  locator  or  locators ;  third,  the  date  of  such 
location  ;  fourth,  the  number  of  feet  or  acres  thus  claimed  ;  fifth,  a 
description  of  the  claim,  with  reference  to  some  natural  object  or  per- 
manent monument  as  will  identify  the  claim.  Any  record  of  the  loca- 
tion of  a  placer  mining  claim  which  shall  not  contain  all  the  require- 
ments of  this  section,  shall  be  void. 

SEC.  15.  Location  of  Mill  Sites.— The  proprietor  of  a  vein  or 
lode  claim  or  mine,  or  the  owner  of  a  quartz  mill  or  reduction  works, 
may  locate  five  acres  of  non-mineral  land  as  a  mill  site. 

SEC.  1 6.  Mill  Sites,  How  Located.— The  locator  of  a  mill  site 
location  shall  locate  his  claim  by  posting  a  notice  of  location  thereon, 
which  must  contain  :  ist,  the  name  of  the  locator  or  locators ;  2d,  the 
name  of  the  vein  or  lode  claim,  or  mine,  of  which  he  is  the  proprietor, 
or  the  name  of  the  quartz  mill  or  reduction  works  of  which  he  is  the 
owner  ;  3d,  the  date  of  the  location  j  ^th,  the  number  of  feet  or  acres 
claimed  ;  5th,  a  description  of  the  claim  by  such  reference  to  a  natural 
object  or  permanent  monument  as  shall  identify  the  claim  or  millsite. 
And  by  marking  the  boundaries  of  his  claim  in  the  same  manner  as 
provided  in  this  Act  for  the  marking  of  the  boundaries  of  a  placer 
mining  claim,  so  far  as  the  same  may  be  applicable  thereto. 

SEC.  17.  Record  of  Mill  Sites. — The  locator  of  a  mill  site  claim 
or  location  shall  within  thirty  days  from  the  date  of  his  location, 
record  his  location  with  the  mining  district  recorder  and  the  County 
Recorder  of  the  district  or  county  in  which  such  location  is  situated 
by  a  location  certificate,  which  must  be  similar  in  all  respects  to  the 
one  posted  on  the  location. 

SEC.  18.  Mill  Sites — Void  Locations. — Any  record  of  a  mill 
site  location  which  shall  not  contain  the  name  of  the  locator  or  loca- 
tors, the  name  of  the  vein  or  lode  claim  or  mine  of  which  the  locator 


STATE  AND  TERRITORIAL  MINING  LAWS. 


117 


is  the  proprietor,  or  the  name  of  the  quartz  mill  or  reduction  works  of 
which  the  locator  is  the  owner,  the  number  of  feet  or  acres  claimed, 
and  such  description  as  shall  identify  the  claim  with  reasonable  cer- 
tainty, shall  be  void. 

SEC.  19.  Tunnel  Locations — How  Made. — The  locator  of  a 
tunnel  right  or  location  shall  locate  his  tunnel  right  or  iocition  by 
posting  a  notice  of  location  at  the  face  or  point  of  commencement  of 
the  tunnel  which  must  contain  :  ist.  The  name  of  the  locator  or  loca- 
tors. 2d.  The  date  of  the  location.  3d.  The  proposed  course  or 
direction  of  the  tunnel.  4th.  The  height  and  width  thereof.  5th. 
The  position  and  character  of  the  boundary  monuments.  6th.  A  de- 
scription of  the  tunnel  by  such  reference  to  a  natural  object  or  per- 
manent monument  as  shall  identify  the  claim  or  tunnel  right. 

SEC.  20.  Tunnel  Lines,  How  Established. — The  boundary 
lines  of  the  tunnel  shall  be  established  by  stakes  or  monuments  placed 
along  such  lines  at  an  interval  of  not  more  than  three  hundred  feet 
from  the  face  or  point  of  commencement  of  the  tunnel  to  the  terminus 
of  three  thousand  feet  therefrom.  The  stakes  or  monuments  shall  be 
of  the  same  size  and  character  as  those  provided  for  lode  or  placer 
claims  in  this  Act. 

SEC  21.  Record  of  Tunnel  Locations. — The  locator  of  a 
tunnel  right  or  location  shall  within  sixty  days  from  the  date  of  the 
location  record  his  location  with  the  mining  district  recorder  and  the 
County  Recorder  of  the  county  or  district  in  which  such  location  is 
situated,  which  must  be  similar  in  all  respects  to  the  one  posted  on  the 
location.  Any  record  of  a  tunnel  right  or  location  which  shall  not 
contain  all  the  requirements  named  in  this  section,  shall  be  void. 

SEC.  22.  Blind  Lodes,  How  Located.— All  blind  lodes,  or 
veins  or  lodes  not  previously  known  to  exist,  discovered  in  a  tunnel 
run  for  the  development  of  a  vein  or  lode,  or  for  the  discovery  of 
mines,  and  within  three  thousand  feet  from  the  face  of  such  tunnel, 
shall  be  located  upon  the  surface  and  held  in  like  manner  as  other  lode 
claims  under  the  provisions  of  this  Act. 

SEC.  23.  Application  of  Provisions  of  Act.— The  provisions  of 
this  Act  shall  ue  construed  as  equally  applicable  to  all  classes  of  loca- 
tions, except  where  the  requirement  as  to  any  one  class  is  manifestly 
inapplicable  to  any  other  class  or  classes. 

SEC.  24.  Repeal. — All  Acts  or  parts  of  £^s  in  conflict  wii>  this 
Act  are  hereby  repealed. 

Approved  March  16,  1897. 

Session  Laws,  1897,  page  103. 

Amendment 

An  Act  Amendatory  of  Act  approved  March  16,  i8p?. 
SECTION  i.  Section  two  of  the  above  named  Act  is  hereby  amended 
so  as  to  read  as  follows  : 

Section  two.  Discovery  Shaft— Monument.— Before  the  ex- 
piration of  one  hundred  and  twenty  days  from  the  posting  of  the  notice 
of  location,  the  locator  shall  sink  a  discovery  shaft  upon  the  cla:m  to 
a  depth  of  at  least  ten  feet  from  the  lowest  part  of  the  rim  of  such 
shatt  at  the  surface,  or  deeper  if  necessary  to  show  by  <nirh  w>rk  a 


H8  STATE  AND  TERRITORIAL  MINING  LAWS. 

lode  or  deposit  of  mineral  in  place.  A  cut  or  crosscut,  or  tunnel, 
which  cuts  the  lode  at  a  depth  of  ten  feet  or  more,  or  an  open  cut  of 
at  least  ten  feet  in  length  along  the  lode  from  the  point  where  the 
lode  may  be  in  any  manner  discovered,  shall  be  equivalent  to  a  dis- 
covery shaft.  At  the  location  point,  and  at  each  corner  and  angle  of 
the  claim,  he  shall  distinctly  mark  a  tree  or  rock  in  place,  or  shall  set 
a  stone,  \vhich  shall  be  at  least  six  inches  wide  and  eighteen  inches 
long,  firmly  in  a  mound  or  in  the  earth,  so  that  at  least  six  inches  in 
height  of  said  stone  shall  be  plainly  visible  from  all  sides,  or  shall  sub- 
stantially build  a  monument  which  shall  rise  at  least  three  feet  above 
the  surface,  or  shall  erect  a  post  at  least  four  inches  square  or  four 
inches  in  diameter,  which  must  be  firmly  set  in  the  ground,  or  in  a 
mound  of  earth  or  rock,  and  must  rise  at  least  three  feet  above  the 
surface.  The  tree,  rock,  stone,  post  or  morument  at  each  corner 
shall  be  so  marked  by  letters,  figures  or  otherwise,  as  to  indicate  its 
purpose.  The  posting  of  location  notice  and  descriptive  memoranda 
of  corners  (if  that  method  of  marking  be  used)  shall  be  by  conspicu- 
ously displaying  the  same,  where  practicable,  and  in  other  cases  by 
such  posting  as  is  in  accord  with  the  usage  and  custom  of  miners. 
Where  it  is  impracticable  or  dangerous  to  life  or  limb  to  mark  a  tree 
or  rock,  or  set  a  store,  or  erect  a  post  or  monument  precisely  upon  a 
corner  or  angle,  then  the  marking  of  that  corner  or  angle  by  means  of 
tree,  or  rock,  or  stone,  or  post,  or  monument,  may  be  done  at  the 
nearest  practicable  point,  in  such  manner  as  to  indicate  the  right  place. 

SEC.  2.  Section  thirteen  of  said  Act  is  hereby  amended  so  as  to  read 
as  follows : 

Section  thirteen.  Placer  Claims. — The  location  of  a  placer  claim 
shall  be  made  in  the  loilowing  manner:  By  posting  thereon,  upon  a 
tree,  rock  in  place,  stone,  post,  or  monument,  a  notice  of  location, 
containing  the  name  of  the  claim,  name  of  locator  or  locators,  date  of 
location,  and  number  of  feet  or  acres  claimed,  and  by  marking  the 
boundaries  and  the  location  point  in  the  same  manner  and  by  the  same 
means  as  required  by  the  laws  of  this  State  for  marking  the  boundaries 
of  lode  claim  locations;  provided,  that  where  the  United  States  survey 
has  been  extended  over  the  land  embraced  in  the  location,  the  claim 
may  be  taken  by  legal  subdivisions,  and,  except  the  marking  of  the 
location  point  as  hereinbefore  prescribed,  no  other  markings  than  those 
of  said  survey  shall  be  required. 

SEC.  3.  Section  fourteen  of  said  Act  is  hereby  amended  so  as  to 
read  as  follows  : 

Section  fourteen.  Labor — Certificate. — Within  ninety  days  after 
the  posting  of  the  notice  of  location  of  a  placer  claim,  the  locator  shall 
perform  not  less  than  twenty  dollars'  worth  of  labor  upon  the  claim  for 
the  development  thereof,  and  shall  have  recorded  by  the  Mining  Dis- 
trict Recorder  and  the  County  Recorder  of  the  district  and  county  in 
which  the  claim  is  situated,  a  certificate  which  shall  state  the  name  of 
the  claim,  designating  it  as  a  placer  claim,  name  of  locator  or  locators, 
date  of  location,  number  of  feet  or  acres  claimed,  a  description  of  the 
claim  with  regard  to  some  natural  object  or  permanent  monument,  so 
as  to  identify  the  claim,  and  the  kind  and  amount  of  work  done  by 
him  as  herein  required,  and  the  place  on  the  claim  where  said  work 
was  done.  This  certificate,  or  the  record  thereof,  or  a  duly  certified 


STATE  AND  TERRITORIAL  MINING  LAWS. 


119 


copy  of  said  record,  shall  be  ptima  fade  evidence  of  the  recitals 
therein.  But  if  such  certificate  do  not  state  all  the  facts  herein  re- 
quired to  be  stated,  it  shall  be  void. 

SEC.  4.  Two  new  sections  are  hereby  added  to  said  Act  which  shall 
be  known  as  section  twenty-four  and  section  twenty-five,  and  section 
twenty- four  of  said  Act  shall  be  known  as  and  numbered  section 
twenty-six. 

Section  twenty-four.  Certificates. — Certificates  of  location  and  of 
labor  and  improvements  necessary  to  hold  claims  need  not  be  sworn 
to,  and  are  not  required  to  be  in  any  specified  form,  nor  to  state  facts 
in  any  specific  order ;  but  must  truly  state  the  required  facts. 

Section  twenty-five.  Records. — Where  there  is  no  mining  district, 
or  where  a  district  having  once  existed  the  residence  of  the  officers 
within  the  district,  and  their  places  of  business  within  the  district 
where  the  books  are  kept  are  not  publicly  known,  district  recording 
shall  not  be  required  of  the  locator  or  claim  owner.  But  recording 
shall  be  required  in  the  office  of  the  County  Recorder  in  all  cases  ;  as 
well  where  there  is  a  district  recorder  as  where  there  is  none. 

Approved  March  14,  1899. 

Session  Laws  of  1899,  p,  93. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


NEW  MEXICO. 

An  Act  to  Regulate  the  Manner  of  Locating  Mining  Claims, 
and  for  Other  Purposes. 

Be   it  fnacted  by  the  Legislative  Assembly  of  the    Territory  of  New 

Mexico : 

SECTION  i. — Locations. — That  any  person  or  persons  desiring  to 
locate  a  mining  claim  upon  a  vein  or  lode  of  quartz,  or  other  rock  in 
place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable 
deposit,  must  distinctly  mark  the  location  on  the  ground,  so  that  its 
boundaries  may  be  readily  traced;  and  post  in  some  conspicuous  place 
on  such  location  a  notice  in  writing,  stating  thereon  the  name  or  names 
of  the  locator  or  locators,  his  or  their  intention  to  locate  the  mining 
claim,  giving  a  description  thereof  by  reference  to  some  natural  object 
or  permanent  monument  as  will  identify  the  claims ;  and  also,  within 
three  months  after  posting  such  notice,  cause  to  be  recorded  a  copy 
thereof  in  the  office  of  the  recorder  of  the  county  in  which  the  notice 
is  posted ;  and  Provided,  No  other  record  of  such  notice  shall  be  neces- 
sary. 

SEC.  2. — Record- Books  and  Fees. — In  order  to  carry  out  the  in- 
tent of  the  preceding  section,  it  is  hereby  made  the  duty  of  the  probate 
iudges  of  the  several  counties  of  this  Territory,  and  they  are  hereby 
required  to  provide,  at  the  expense  of  their  respective  counties,  such 
book  or  books  as  may  be  necessary  and  suitable,  in  which  to  enter  the 
record  hereinbefore  provided  for.  The  fees  for  recording  such  notices 
shall  be  ten  cents  for  every  one  hundred  words. 

SEC.  3. — Value  of  Labor. — That  in  estimating  the  worth  of  laboi 
required  to  be  performed  upon  any  mining  claims,  to  hold  the  same  by 
the  laws  of  the  United  States  in  the  regulation  of  mines,  the  value  of 
a  day's  labor  is  hereby  fixed  at  the  sum  of  four  dollars:  Provided,  how- 
ever, That  in  the  sense  of  this  statute,  eight  hours  of  labor  actually 
performed  upon  the  mining  claim  shall  constitute  a  day's  labor. 

SEC.  4. — Prior  Locations  Confirmed. — All  locations  heretofore 
made  in  good  faith,  to  which  there  shall  be  no  adverse  claims,  the  cer- 
tificates of  which  locations  have  been  or  may  be  filed  for  record,  and 
recorded  in  the  recorder's  office  of  the  county  where  the  location  is 
made  within  six  months  after  the  passage  of  this  act,  are  hereby  con- 
firmed and  made  valid.  But  where  there  may  appear  to  be  any  such 
adverse  claims,  the  said  location  shall  be  held  to  be  the  property  of  the 
person  having  the  superior  title  or  claim,  according  to  the  laws  in  force 
at  the  time  of  the  making  of  the  said  locations. 

SEC.  5. — Ejectment. — An  action  of  ejectment  will  lie  for  the  re- 
covery of  the  possession  of  a  mining  claim,  as  well  also  of  any  real 
estate,  where  the  party  suing  has  been  wrongfully  ousted  from  the  pos- 
session thereof,  and  the  possession  wrongfully  detained. 

SEC.  6. — Repeal  of  Prior  Acts. — That  "An  act  concerning  min- 
ing claims,"  approved  January  18,  1865,  and  an  act  amendatory 
thereof,  approved  January  3,  1866  ;  also,  an  act  entitled  "An  act  to 
amend  certain  acts  concerning  mining  claims  in  the  Territory  of  New 


STATE  AND  TERRITORIAL  MINING  LAWS.  I2I 

Mexico,"  approved  January  i,  1872,  be,  and  the  same  are  hereby,  re- 
pealed :  Provided,  That  no  locations  completed  or  commenced  under 
said  acts,  shall  be  invalidated  or  in  any  wise  affected  by  such  repeal. 

SEC.  7. — Becomes  Effective. — That  this  act  shall  take  effect  and 
be  in  full  force  from  and  after  its  passage. 

Approved  January  11,  i8j6. 

[Laws  of  New  Mexico,  1875-6,  p.  116.] 

An  Act  entitled  an  Act  relating  to  the  Locating  and  Re- 
locating of  Mining  Claims,  and  for  other  purposes. 

SECTION  i. — Discovery  Shaft. — That  the  locator  or  locators  of 
any  mining  claim,  located  after  this  act  shall  take  effect,  shall,  within 
ninety  days  from  the  date  of  taking  possession  of  the  same,  sink  a  dis- 
covery shaft  upon  such  claim  to  a  depth  of  at  least  ten  feet  from  the 
lowest  part  of  the  rim  of  such  shaft  at  the  surface,  exposing  mineral  in 
place,  or  shall  drive  a  tunnel,  adit,  or  open  cut  upon  -such  claim  to  at 
least  ten  feet  below  the  surface,  exposing  mineral  in  place. 

SEC.  2. — Location  Marks. — The  surface  boundaries  of  all  mining 
claims  hereafter  located,  shall  be  marked  by  four  substantial  posts,  or 
four  substantial  monuments  of  stone,  set  at  each  corner  of  such  claim. 
Such  posts  or  monuments  of  stone  shall  each  be  plainly  marked  so  as 
to  indicate  the  direction  of  such  claim  from  each  monument  of  stone 
or  posts. 

SEC.  3. — Re-location. — The  re-location  of  any  mining  ground, 
which  is  subject  to  re-location,  shall  be  made  in  the  same  way  as  an 
original  location  is  required  by  law  to  be  made,  except  the  rerlocator 
may  either  sink  a  new  shaft  upon  the  ground  re-located  to  the  depth 
of  at  least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the 
surface,  exposing  mineral  in  place,  or  drive  a  new  tunnel,  adit,  or  open 
cut  upon  such  ground  at  least  ten  feet  below  the  surface,  exposing 
mineral  in  place;  or  the  re-locator  may  sink  the  original  discovery 
shaft  ten  feet  deeper  than  it  is  at  the  time  of  re  location,  or  drive  the 
original  tunnel,  adit  or  open  cut  upon  such  claim  ten  feet  further. 

SEC.  4. — Amended  or  Additional  Location.— If  at  any  time 
the  owner  of  any  mining  claim  heretofore  or  hereafter  located,  or  his 
assigns,  shall  apprehend  that  the  original  notice  of  location  is  defec- 
tive, erroneous,  or  the  requirements  of  law  has  not  been  complied  with 
before  filing ;  or  shall  be  desirous  of  changing  his  surface  boundaries, 
or  to  take  in  any  part  of  an  overlapping  claim  which  has  been  aban- 
doned ;  'or  in  case  the  original  notice  of  location  was  made  prior  to  the 
passage  of  this  act,  and  the  owner  shall  be  desirous  of  obtaining  the 
beriefits  of  this  act,  such  owner  may  file  in  the  office  where  notices  of 
location  are  by  law  required  to  be  filed,  an  amended  or  additional 
notice  of  location,  subject  to  the  provisions  of  this  act;  provided,  that 
such  additional  or  amended  notice  of  location  does  not  interfere  with 
the  existing  right  of  others  at  the  time  of  filing  such  notice ;  and  no 
such  amended  or  additional  location,  or  record  thereof,  shall  preclude 
the  claimant  or  his  assigns  from  proving  any  such  title  as  he  or  they 
pay  have  held  under  the  previous  location. 

SEC.  5. — Misdemeanors. — Any  person  who  shall  take  down, 
remove,  alter,  or  destroy  any  stake,  post,  monument  or  notice  of  loca- 
tion upon  any  mining  claim,  without  the  consent  of  the  owner  or 


122  STATE  AND  TERRITORIAL  MINING  LAWS. 

owners  thereof,  shall  be  deemed  guilty  of  a  misdemeauor,  and  on  con- 
viction, shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment. 

SEC  6. — Abandonment. — In  addition  to  the  provisions  of  law 
now  in  force  in  respect  to  the  abandonment  of  mining  claims,  they 
may  be  abandoned  in  the  following  manner :  The  owner  or  owners  of 
any  mining  claim  wishing  to  abandon  the  same,  may  sign  and  ac- 
knowledge in  the  same  manner  provided  by  law  for  the  acknowledg- 
ment of  deeds,  and  file  for  record  in  the  office  of  the  county  recorder, 
a  certificate  describing  the  same,  stating  when  and  by  whom  located, 
the  name  of  the  claim,  the  book  and  page  where  the  notice  of  location 
of  such  claim  is  recorded,  that  he  or  they  give  up  or  abandon  such 
claim,  and  that  the  same  is  open  and  subject  to  re-location.  Upon  the 
filing  of  such  certificate,  the  mining  claim  therein  described  shall  be 
considered  abandoned  and  open  to  re-location  as  if  the  same  had  never 
been  located,  and  the  owner  or  owners  thereof  forever  estopped  from 
claiming  any  right  or  interest  therein  under  the  location  mentioned  in 
said  certificate ;  Provided,  that  this  provision  for  abandonment  shall 
not  apply  to  any 'claim  or  location  upon  which  any  mortgage,  lien,  or 
other  incumbrance  exists. 

SEC.  7. — Expenditure. — When  the  owner  or  owners  of  any  min- 
ing claim  or  claims  now  located  or  which  may  hereafter  be  located, 
upon  which  there  shall  exist  any  mortgage,  miner's  or  mechanic's  lien, 
or  other  incumbrance  of  any  kind,  which  may  be  hereafter  made  or 
incurred,  shall  refuse,  neglect  or  fail,  up  to  the  first  day  of  December 
of  any  year,  to  perform  thereon  the  annual  labor,  or  make  thereon  the 
annual  expenditures  required  by  law  to  be  made,  in  order  to  prevent 
the  same  from  becoming  open  to  re-location ;  in  such  case  the  holder 
or  owner  of  such  mortgage,  lien  or  incumbrance,  may,  upon  the  first 
day  of  December  of  such  year,  or  any  time  thereafter,  before  any  such 
mining  claim  or  claims  shall  have  been  re-located,  enter  with  his  or 
their  workmen  or  employees  upon  the  same,  and  perform,  or  cause  to 
be  performed,  the  one  hundred  dollars  worth  of  labor,  or  make  the 
one  hundred  dollars  worth  of  improvements  upon  such  claim  or  claims 
as  by  law  required  to  be  done ;  that  such  work  shall  be  done  and 
improvements  made  in  a  workmanlike  manner;  that  for  the  purpose 
of  performing  or  causing  to  be  performed,  such  labor  and  im- 
provements, the  holder  or  holders  of  such  mortgage,  miner's  or 
mechanic's  lien,  or  other  incumbrance,  shall  be  considered  the  agent 
or  the  agents  of  the  owner  or  owners  of  such  mining  claim  or  claims; 
that  that  owner  or  owners  of  such  mining  claim  or  claims,  or  any 
other  person  or  persons,  shall  not  in  any  manner  prevent,  obstruct, 
hinder  or  delay  the  performance  of  any  labor,  or  the  making  of  such 
improvements,  and  may  be  restrained  from  so  doing  by  injunction ; 
that  upon  the  completion  of  the  one  hundred  dollars'  worth  of  labor  or 
improvements  by  the  holder  or  holders  of  any  mortgage,  miner's  or 
mechanic's  lien,  or  other  incumbrance  as  aforesaid,  upon  any  mining 
claim,  as  herein  provided,  all  sum  or  sums  of  money  expended  by  him 
or  them  shall  be  and  become  a  lien  upon  the  said  mining  claim  or 
claims,  and  from  the  date  of  the  completion  of  the  same,  draw  the 
same  rate  of  interest  as  the  principal  sum  of  such  mortgage,  miner's 


STATE  AND  TERRITORIAL  MINING  LAWS. 


123 


or  mechanic's  lien,  or  other  incumbrance,  and  may  be  foreclosed 
according  to  law. 

SEC.  8. — Misdemeanors. — Any  person  or  persons  who  shall  pre- 
vent, obstruct,  hinder  or  delay  the  performance  of  the  labor,  or  the 
making  of  the  improvements  mentioned  in  the  last  preceding  section 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction, shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dol- 
lars, or  over  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  period  of  not  less  than  six  months,  nor  more  than  one  year, 
or  by  both  fine  and  imprisonment. 

SEC.  9. — Take  Effect. — This  Act  shall  take  effect  and  be  in  force 
from  and  after  the  first  day  of  April,  A.  D.  1889,  and  all  acts  and 
parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Approved  February  5,  1889. 

Laws  of  1888-89.     p.  42. 

An  Act  in  Relation  to  the  Location  of  Mining  Claims. 

SECTION  i. — Shaft  or  Tunnel — Exposure  of  Mineral. — That 
on  and  after  the  first  day  of  April,  1884,  in  addition  to  the  present  re- 
quirement of  law  in  regard  to  the  location  of  mining  claims,  the  locator 
of  a  mining  claim  shall,  within  ninety  days  from  the  date  of  taking 
possession  of  the  same  and  previous  to  placing  the  same  upon  record  in 
the  county  clerk's  office,  sink  a  discovery  shaft  upon  such  claim  to  the 
depth  of  at  least  ten  feet  from  the  lowest  part  of  the  run  of  such  shaft 
at  the  surface,  or  shall  drive  a  tunnel,  open  cut  or  adit  upon  such  claim, 
exposing  mineral  in  place  at  least  ten  feet  below  the  surface. 

SEC.  2. — Repeal. — All  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed. 

Approved  March  25,  1884. 

Sessions  Laws,  1884,  p.  135. 

An  Act  in  Relation  to  Mining  Claims. 

SECTION  i.  Failure  to  Do  Annual  Work — Whenever  the 
locator  or  locators  of  any  mining  claim  in  this  Territory,  located 
under  the  laws  of  the  United  States  and  of  this  Territory,  shall  fail  or 
neglect  to  do  and  to  perform,  or  cause  to  be  done  and  performed, 
upon  such  mining  claim,  the  amount  and  character  of  work  necessary 
to  be  done  and  performed  thereon  as  required  by  section  i  of  Chapter 
XXV.  of  the  Acts  of  the  28t'h  Session  of  the  Legislative  Assembly  of 
the  Territory  of  New  Mexico,  within  the  ninety  days  from  the  date  of 
such  location  as  provided  in  said  section,  such  locator,  or  locators,  and 
his  or  her  assigns,  shall  forfeit  all  right  to  such  mining  claim,  and 
shall  henceforth  for  a  period  of  ninety  days  from  and  after  the  expira- 
tion of  such  ninety  days,  be  debarred  and  prohibited  from  relocating 
or  procuring,  or  becoming  interested,  directly  or  indirectly,  except  as 
a  bona  fide  purchaser  for  value  in  the  relocation  of  such  claim,  or  the 
location  of  any  other  claim  which  will  include  any  portion  of  the 
ground  which  was  included  in  such  forfeited  claim. 

SEC.  2.  Forfeited  Claims. — Whenever  the  locator  or  locators,  or 
his  or  their  assigns,  of  any  lode  or  placer  mining  claim  in  this  Terri- 
tory, located  under  the  laws  of  the  United  States  and  of  this  Territory, 


124 


STATE  AND  TERRITORIAL  MINING  LAWS. 


shall  fail  to  do  or  cause  to  be  done,  the  amount  of  the  assessment  work 
required  by  law  to  be  done  thereon,  within  the  time  prescribed  by  law, 
such  claim  shall  be  considered  forfeited  and  abandoned,  and  such 
locator  or  locators,  and  his  or  their  assigns,  shall  thenceforth  for  the 
period  of  ninety  days  from  and  after  the  expiration  of  the  time  within 
which  such  work  should  have  been  done,  be  debarred  and  prohibited 
from  relocating  such  claim,  or  becoming  interested  directly  or  indi- 
rectly, except  as  a  bona  fide  purchaser  for  value,  in  the  location  or  re- 
location of  any  claim  which  shall  include  the  land  covered  by  such 
forfeited  claim,  or  any  part  thereof.  And  the  subsequent  locator  of 
such  claim,  or  of  any  claim  including  the  whole  or  any  part  of  the 
land  covered  by  such  forfeited  claim,  shall  not  be  entitled  to  credit 
for  any  work  that  may  have  been  done  thereon  before  the  time  of 
such  forfeiture,  nor  shall  the  former  owner  of  any  such  forfeited  claim 
have  any  right  to  compensation  therefor. 

SEC.  .3.  Altering  or  Defacing  Mining  Notices. — Any  person 
or  persons,  or  the  manager,  officer,  agent  or  employe  of  any  person, 
firm,  corporation  or  association,  who  shall  in  any  manner  alter,  deface 
or  change  the  location  notice  of  any  raining  claim  in  this  Territory 
located  under  the  laws  of  the  United  States  and  of  this  Territory,  or 
any  local  regulations  in  force  in  the  district  wherein  such  claim  is 
situated,  thereby  in  any  manner  affecting  the  rights  of  an.y  person, 
firm  or  corporation,  to  such  claim  or  location,  or  the  land  covered 
thereby,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  any  court  of  competent  jurisdiction,  shall  be  fined 
in  a  sum  not  less  than  one  hundred  dollars,  nor  more  than  five  hun- 
dred dollars,  or  imprisoned  in  the  county  jail  for  not  less  than  sixty 
days,  nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court  trying  the  case. 

Nothing  herein  contained  shall  affect  the  rights  of  such  locator  or 
locators,  and  his  or  their  assigns,  to  correct  errors  in  such  notice  and 
file  amended  location  notices  as  provided  in  Section  4  of  said  Chapter 
XXV.  of  the  Session  Laws  of  1889,  and  the  laws  of  the  United  States; 
provided,  Such  change  shall  not  affect  or  change  the  date  of  such  loca- 
tion notice,  or  affect  the  rights  of  any  other  person. 

SEC.  4.  Illegal  Relocations. — Any  person  or  persons,  o»-  the 
manager,  officer,  agent  or  employe  of  any  person,  firm  or  corporation, 
who  shall,  either  by  himself,  or  acting  in  collusion  with  others,  relo- 
cate or  attempt  to  relocate,  or  procure,  or  become  interested,  directly 
or  indirectly  in,  and  the  relocation  of,  or  in  any  manner  attempt  to 
hold  possession  of,  any  forfeited  mining  claim,  contrary  to  the  pro- 
visions of  this  Act,  or  who  shall  locate  or  in  any  manner  become  inter- 
ested in  the  location  of  any  other  claim  which  shall  include  the  whole, 
or  any  portion,  of  the  ground  covered  by  such  forfeited  claim,  con- 
trary to  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  any  court  of  competent  jurisdiction  shall  be 
subject  to  the  same  penalty  and  punishment  as  provided  in  Section  3 
of  this  Act. 

SEC.  5.  Possession — Trespass  — When  any  person,  firm  or  cor- 
poration shall  be  lawfully  and  peaceably  in  possession  of  any  mining 
claim  in  this  Territory,  and  shall  have  complied  with  all  the  require- 
ments of  law  and  regulations  in  force  in  the  district  in  which  said 


STATE  AND  TERRITORIAL  MIXING  LAWS. 


I25 


mining  claim  is  situated,  such  persons,  firm,  or  corporation,  shall  be 
deemed  to  be  the  rightful  possessor  of  such  mining  claim  and  of  the 
land  included  therein  ;  and  any  person  or  the  officer,  agent  or  em- 
ploye of  any  corporation  who  shall  by  force,  intimidation,  fraud  or 
stealth,  or  in  the  temporary  absence  of  the  rightful  possessor  enter 
upon  such  mining  claim  with  intent  to  hold  the  same,  or  any  part 
thereof  against  the  rightful  possessor,  shall  be  considered  a  trespasser, 
and  the  judge  of  the  district  court  for  the  district  in  which  such  claim 
is  situated  shall,  upon  the  proper  showing  of.  such  facts  made  by  affi- 
davit or  by  oral  testimony  upon  a  hearing  ordered  for  that  purpose, 
and  upon  the  filing  with  the  clerk  of  said  district  court  of  a  good  and 
sufficient  bond,  grant  an  order  to  show  cause  why  a  writ  of  injunction 
should  not  issue,  enjoining  and  restraining  such  trespasser,  his 
servants,  agents,  and  employes,  and  any  persons  associated  with  him, 
from  in  any  manner  interfering  with  the  rightful  possessor  in  the  pos- 
session of  such  claim  until  the  final  disposition  of  said  cause. 

SEC.  6.  Boundaries,  How  Marked. — That  Section  2  of  Chapter 
XXV.  of  the  Acts  of  the  z8th  Session  of  the  Legislative  Assembly  of 
the  Territory  of  New  Mexico,  be  and  the  same  is  hereby  amended  to 
read  as  follows  : 

"  Within  one  hundred  and  twenty  days  from  the  date  of  locating 
any  mining  claim  within  this  Territory,  the  locator  or  locators  thereof 
shall  cause  the  surface  boundaries  of  such  claim  to  be  plainly  marked 
by  eight  substantial  posts  or  stone  monuments,  each  projecting  at  least 
three  feet  above  the  surface  of  the  ground,  to  wit :  One  at  each  corner 
of  said  claim,  and  one  at  the  center  of  each  end  and  side  line  thereof, 
each  of  which  posts  or  monuments  shall  be  plainly  marked  so  as  to 
show  the  name  of  such  claim  and  the  direction  thereof  from  each  post 
or  monument." 

SEC.  7.  Regulations  Filed  by  Owners  of  Patented  Land. — 
The  owner  or  owners  of  lands  within  this  Territory,  the  title  to  which 
has  been  vested  by  letters  patent  from  the  United  States  government, 
may  make  and  file  in  the  office  of  the  county  clerk  of  the  county  in 
which  such  lands  are  situated,  such  rules  and  regulations,  not  incon- 
sistent with  the  laws  of  the  United  States,  and  of  this  Territory,  as 
they  may  see  fit,  governing  the  location  and  acquisition  of  mining 
claims  thereon,  which  rules  and  regulations  when  so  filed  shall  be 
binding  upon  all  parties,  and  a  copy  thereof  duly  certified  by  the 
county  recorder  shall  be  received  and  admitted  as  evidence  in  any  suit 
or  proceedings  relating  to  such  mining  claims  ;  such  rules  and  regula- 
tions may  be  changed  and  supplemented  from  time  to  time  by  other 
rules  and  regulations  filed  in  like  manner,  providing  that  such  change 
shall  not  affect  rights  acquired  prior  thereto. 

SEC.  8.  Affidavit  of  Work  Done  — The  owner  or  owners  of  any 
unpatented  mining  claim  in  this  Territory,  located  under  the  laws  ot 
the  United  States  and  of  this  Territory,  shall  within  sixty  days  from 
and  after  the  time  within  which  the  assessment  work  required  by  law 
to  be  done  upon  such  claim  should  have  been  done  and  performed, 
cause  to  be  filed  with  the  recorder  of  the  county  in  which  such  mining 
claim  is  situated,  an  affidavit  setting  forth  the  time  when  such  work 
was  done,  and  the  amount,  character  and  actual  cost  thereof,  together 
with  the  name  or  names  of  the  person  or  persons  who  performed  such 


I26  STATE  AND  TERRITORIAL  MINING  LAWS. 

work ;  and  such  affidavit  when  made  and  filed  as  herein  provided, 
shall  beprima  facie  evidence  of  the  facts  therein  stated.  The  failure 
to  make  and  file  such  affidavit  as  herein  provided  shall,  in  any  contest, 
suit  or  proceedings  touching  the  title  to  such  claim,  throw  the  burden 
ot  proof  upon  the  owner  or  owners  of  such  claim  to  show  that  such 
work  has  been  done  according  to  law. 

SEC.  9.  Repeal— Take  Effect — All  laws  and  parts  of  laws  in 
conflict  with  any  of  the  provisions  of  this  Act  are  hereby  repealed,  and 
this  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  18,  1897. 

Session  Laws,  1897,  page  125. 


STATE  AND  TERRITORIAL  MINING  LAWS.  127 

OREGON. 

Location,  Establishment,  and  Record  of  Claims. 

SECTION  8.  Chinese. — No  Chinaman,  not  a  resident  of  the  state 
at  the  adoption  of  this  constitution,  shall  ever  hold  any  real  estate  or 
mining  claim,  or  work  any  mining  claim  therein.  The  legislative 
assembly  shall  provide  by  law  in  the  most  effectual  manner  for  carry- 
ing out  the  above  provision. 

SEC.  3827.  Length  and  'Width  of  Lode  Claims.— Any  person 
or  company  of  persons  establishing  a  claim  on  any  quartz  lead  con- 
taining gold,  silver,  copper,  tin,  or  lead,  or  a  claim  or  a  vein  of  cin- 
nabar, for  the  purpose  of  mining  the  same,  shall  be  allowed  to  have, 
hold,  and  possess  the  land  or  vein,  with  all  its  dips,  spurs,  and  angles, 
for  the  distance  of  fifteen  hundred  feet  in  length  and  three  hundred 
feet  in  width  on  each  side  of  such  lead  or  vein. 

SEC.  3828.  How  Established.— To  establish  a  valid  claim,  the 
discoverer  or  person  wishing  to  establish  a  claim  shall  post  a  notice  on 
the  lead  or  vein,  with  name  or  names  attached,  which  shall  protect  the 
claim  or  claims  for  thirty  days;  and  before  the  expiration  of  said 
thirty  days  he  or  they  shall  cause  the  claim  or  claims  to  be  recorded  as 
hereinafter  provided,  and  describing  as  near  as  may  be  the  claim  or 
claims,  and  their  location  ;  but  continuous  working  of  said  claim  or 
claims  shall  obviate  the  necessity  of  such  record.  If  any  claim  shall 
not  be  worked  for  twelve  consecutive  months  after  the  first  day  of 
January  next  following  the  location  thereof,  it  shall  be  forfeited  and 
considered  liable  to  location  by  any  person  or  persons,  unless  the 
owner  or  owners  be  absent  on  account  of  sickness  or  in  the  service  of 
their  country  in  time  of  war. 

SEC.  3829.  Number  of  Claims  Held  and  Owned.— Any  per- 
son may  hold  one  claim  by  location,  as  hereinafter  provided,  upon 
each  lead  or  vein,  and  as  many  by  purchase  as  the  local  laws  of  the 
miners  in  the  district  where  such  claims  are  located  may  allow;  and 
the  discoverer  of  any  new  lead  or  vein  not  previously  located  upon 
shall  be  allowed  one  additional  claim  for  the  discovery  thereof;  noth- 
ing in  this  section  shall  be  so  construed  as  to  allow  any  person  not  the 
discoverer  to  locate  more  than  one  claim  upon  any  one  lead  or  vein. 

SEC.  3830.  Annual  Labor.— Every  person  or  company  of  per- 
sons, after  locating  such  claim  or  claims,  shall,  within  one  year  next 
after  the  first  day  of  January  following  the  location  or  taking  such 
claim  or  claims,  work  or  cause  to  be  worked  the  said  claim  to  the 
amount  of  one  hundred  dollars  for  each  and  every  claim ;  Provided, 
That  any  person  or  company,  either  joint  or  incorporate,  owning 
claims  or  any  lead  or  vein,  shall  be  allowed  to  work  upon  any  one 
claim  the  whole  amount  required  as  above  for  all  the  claims,  and 
thereby  be  exempted  from  working  on  the  rest  of  his  or  their  claims 
in  said  lead  or  vein;  Provided  further,  That  when  the  individual, 
company,  or  corporation  owning  any  quartz  claim  or  claims  shall  file 
the  affidavit  of  said  owner  or  one  of  the  members  of  the  company  or 
corporation  with  the  county  clerk  of  the  county  in  which  said  claim 
is  situated,  to  the  effect  that  the  amount  of  work  required  by  this  act 


I28  STATE  AND  TERRITORIAL  MIXING  LAWS. 

has  been  performed  on  such  claim  (or  if  there  be  more  than  one  claim, 
then  on  each  of  them),  together  with  the  affidavit  of  two  disinterested 
persons  to  the  same  effect,  with  the  addition  "  that  they  are  not  inter- 
ested directly  or  indirectly  in  said  claim  or  claims,"  and  such  claims 
shall  thereafter  be  considered  as  real  estate,  and  the  title  therein  shall 
be  vested  in  such  person,  company,  or  corporation  against  all  others, 
save  the  government  of  the  United  States ;  and  the  improvements, 
machinery,  and  buildings  thereon  only  shall  be  taxed  as  other  property. 

SEC.  3831.  Duty  of  County  Clerk.— It  shall  be  the  duty  of  the 
county  clerk  of  any  county,  upon  the  receipt  of  notice  of  a  miners' 
meeting  organizing  a  miners'  district  in  said  county,  with  a  description 
of  the  boundaries  thereof,  to  record  the  same  in  a  book  to  be  kept  in 
his  office  as  other  county  records,  to  be  called  a  "  book  of  record  of 
mining  claims;  "  and  upon  the  petition  of  parties  interested,  he  may 
appoint  a  deputy  for  such  district,  who  shall  reside  in  said  district  or 
its  vicinity,  and  shall  record  all  mining  claims  and  water  rights  in  the 
order  in  which  they  are  presented  for  record,  and  shall  transmit  a  copy 
of  such  record  at  the  end  of  each  month  to  the  county  clerk,  who 
shall  record  the  same  in  the  above-mentioned  book  of  record,  for 
which  he  shall  receive  one  dollar  for  each  and  every  claim.  It  shall 
further  be  the  duty  of  said  county  clerk  to  furnish  a  copy  of  this  law 
to  his  said  deputy,  who  shall  keep  the  same  in  his  office,  open  at  all 
reasonable  times  for  the  inspection  of  all  persons  interested  therein. 

SEC.  3832.  Water  Rights.  Placers  and  Town  Lots. — 
Miners  shall  be  empowered  to  make  local  laws  in  relation  to  the  posses 
sion  of  water  rights,  the  possession  and  working  of  placer  claims,  and 
the  survey  and  sale  of  town  lots  in  mining  camps,  subject  to  the  laws 
of  the  United  States. 

SEC.  3833.  Ditches  and  Flumes. — Ditches  used  for  mining  pur- 
poses and  mining  flumes,  permanently  affixed  to  the  soil,  be  and  the 
same  are  hereby  declared  real  estate  during  the  time  the  same  shall  be 
used  for  that  purpose ;  provided,  that  whenever  any  person,  company, 
or  corporation,  being  the  owner  or  proprietor  of  any  such  ditch, 
flume  or  water  right,  have  or  shall  abandon  the  same,  and  who  shall 
for  one  year  thereafter  cease  to  exercise  ownership  over  said  water 
right,  ditch  or  flume,  and  every  company,  corporation,  or  person  who 
shall  remove  from  this  state,  with  the  intent  or  purpose  to  change  his 
or  their  residence,  and  shall  remain  absent  one  year  without  using  or 
exercising  ownership  over  such  water  right,  ditch,  or  flume  by  a 
legally  authorized  agent,  shall  be  deemed  to  have  lost  all  title,  claim, 
or  interest  therein. 

SEC.  3834.  The  laws  relative  to  the  sale  and  transfer  of  real  estate, 
and  the  application  of  the  liens  of  mechanics  and  laborers  therein,  be 
and  are  hereby  made  applicable  to  said  ditches  and  flumes;  provided, 
that  all  interests  in  mining  claims  known  as  placer  or  surface  diggings 
may  be  granted,  sold,  and  conveyed  by  bill  of  sale  and  delivery  of 
possession,  as  in  cases  of  the  sale  of  personal  property;  provided 
further,  that  the  bills  of  sale  or  conveyances  executed  on  the  sale  of 
any  placer  or  surface  mining  claim  shall  be  recorded  within  thirty 
days  after  the  date  of  such  sale,  in  the  office  of  the  county  clerk  of 
the  county  in  which  such  sale  is  made,  in  a  book  to  be  kept  by  the 


STATE  AND  TERRITORIAL  MINING  LAWS. 


129 


county  clerk  for  that  purpose,  to  be  called  the  record  of  conveyances 
of  mining  claims. 

SEC.  3835.  Mortgages  of  Placer  Claims. — Mortgages  of  inter- 
ests in  placer  or  surface  mining  claims  shall  be  executed,  acknowl- 
edged, recorded,  and  foreclosed  as  mortgages  of  chattels. 

SEC.  3836.  County  Clerk's  Fee. — The  county  clerk  shall  be 
entitled  to  a  fee  of  one  dollar  each  for  every  conveyance  or  mortgage 
recorded  under  the  provisions  of  this  act. 

An  Act  to  Amend  Section  3823,  (3828  ?)  on  Page  1637,  and 

Section  3830,  on  Page  1638  of  Second  Hill's  Annotated 

Laws  of  Oregon  1892,  Relating  to  Mining  Claims. 

SECTION  i.  That  section  2823  (3828?)  on  page  1637  of  second 
Hill's  annotated  laws  of  Oregon,  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows : 

SEC.  3828.  How  Established. — To  establish  a  valid  claim,  the 
discoverer  or  person  wishing  to  establish  a  claim  shall  post  a  notice  on 
the  lead  or  vein,  with  name  or  names  attached,  which  shall  protect 
the  claim  or  claims  for  thirty  days ;  and  before  the  expiration  of  said 
thirty  days,  he  or  they  shall  cause  the  claim  or  claims  to  be  recorded 
as  hereinafter  provided,  and  describing  as  near  as  may  be  the  claim  or 
claims,  and  their  location  ;  but  continuous  working  of  said  claim  or 
claims  shall  obviate  the  necessity  of  such  record.  If  any  claim  shall 
not  be  worked  for  twelve  consecutive  months  after  the  first  day  of 
January  next  following  the  location  thereof,  it  shall  be  forfeited  and 
considered  liable  to  location  by  any  person  or  persons,  unless  the 
owner  or  owners  be  absent  on  account  of  sickness  or  in  the  service  of 
their  country  in  time  of  war. 

SEC.  2.  That  section  3830  on  page  1638  of  second  Hill's  annotated 
laws  of  Oregon,  be  and  the  same  is  hereby  amended  so  as  to  read  as 
follows : 

SEC.  3830.  Annual  Labor. — Every  person  or  company  of  per- 
sons, after  locating  such  claim  or  claims,  shall,  within  one  year  next 
after  the  first  day  of  January  following  the  location  or  taking  such 
claim  or  claims,  work  or  cause  to  be  worked  the  said  claim  to  the 
amount  of  one  hundred  dollars  for  each  and  every  claim ;  Provided, 
That  any  person  or  company,  either  joint  or  incorporate,  owning 
claims  or  any  lead  or  vein,  shall  be  allowed  to  work  upon  any  one 
claim  the  whole  amount  required  as  above  for  all  the  claims,  and 
thereby  be  exempted  from  working  on  the  rest  of  his  or  their  claims  in 
said  lead  or  vein ;  Provided  further,  That  when  the  individual,  com- 
pany or  corporation  owning  any  quartz  claim  or  claims  shall  file  the 
affidavit  of  said  owner  or  one  of  the  members  of  the  company  or 
corporation  with  the  county  clerk  of  the  county  in  which  said  claim 
is  situated,  to  the  effect  that  the  amount  of  work  required  by  this  act 
has  been  performed  on  such  claim  (or  if  there  be  more  than  one  claim, 
then  on  each  of  them),  together  with  the  affidavit  of  two  disinterested 
persons  to  the  same  effect,  with  the  addition  "that  they  are  not  inter- 
ested directly  or  indirectly  in  said  claim  or  claims,"  and  such  claims 
shall  thereafter  be  considered  as  real  estate,  and  the  title  therein  shall 


130  STATE  AND  TERRITORIAL  MINING  LAWS 

be  vested  in  such  person,  company  or  corporation  against  all  others, 
save  the  government  of  the  United   States;    and  the  improvements, 
machinery  and  buildings  thereon  only  shall  be  taxed  as  other  property. 
[Took  effect  immediately.] 
Approved,  February  21,  1891 — Act  of  1891,  p.  137. 

Liens  on  Mining  Claims. 

AN  ACT  for  Securing  Liens  for  Laborers  on  Mining  Claims,  etc. 

"Work  and  Materials. — SEC.  i.  Every  person  who  shall  do  work 
or  furnish  materials  for  the  working  or  development  of  any  mine,  lode, 
mining  claim  or  deposit  yielding  metals  or  minerals  of  any  kind,  or 
for  the  working  or  development  of  any  such  mine,  lode  or  deposit,  in 
search  of  such  metals  or  minerals ;  and  to  all  persons  who  shall  do  work 
or  furnish  materials  upon  any  shaft,  tunnel,  incline,  adit,  drift  or  other 
excavation,  designed  or  used  for  the  purpose  of  draining  or  working 
any  such  mine,  lode  or  deposit,  shall  have  a  lien  upon  the  same  to 
secure  to  him  the  payment  of  the  work  or  labor  done  or  materials 
furnished,  etc. 

[The  claim  must  be  filed  with  the  county  clerk  within  sixty  days  after 
completion  of  the  labor  or  the  furnishing  of  the  material,  and  suit  must 
be  brought  within  six  months.] 

Approved,  February  20,  1891. — Laws  of  1891,  page  76. 

An  Act  Relating  to  Mining  Claims. 

SECTION  i.  Vein  Locations — How  Made. — Any  person,  a  citi- 
zen of  the  United  States,  or  one  who  has  declared  his  intention  to  be- 
come such,  who  discovers  a  vein  or  lode  of  mineral  bearing  rock  in 
place  upon  the  unappropriated  public  domain  of  the  United  States 
within  this  State,  may  locate  a  claim  upon  such  vehi  or  lode  so  discov- 
ered, by  posting  thereon  a  notice  of  such  discovery  and  location, 
which  said  notice  shall  contain  :  First,  the  name  of  the  lode  or  claim ; 
second,  the  name  or  names  of  the- locator  or  locators  ;  third,  the  date 
of  the  location  ;  fourth,  the  number  of  linear  feet  claimed  along  the 
vein  or  lode  each  way  from  the  point  of  discovery,  with  the  width  on 
each  side  of  the  said  vein  or  lode ;  fifth,  the  general  course  or  strike 
of  the  vein  or  lode  as  nearly  as  may  be,  and  by  defining  the  boundar- 
ies upon  the  surface  of  each  claim,  so  that  the  same  may  be  readily 
traced.  Such  boundaries  shall  be  marked  within  three  days  after 
posting  of  such  notice  by  six  substantial  posts,  projecting  not  less  than 
three  feet  above  the  surface  of  the  ground,  and  not  less  than  four 
inches  square  or  in  diameter,  or  by  substantial  mounds  of  stone,  or 
earth  and  stone,  at  least  two  feet  in  height,  to  wit :  one  such  post  or 
mound  of  rock  at  each  cornet  and  at  the  center  ends  of  such  claims. 

SEC.  2.  Record  of  Locations. — Such  locator  shall  file  for  record 
with  the  recorder  of  conveyances,  if  there  be  one,  who  shall  be  cus- 
todian of  mining  records  and  miners'  liens,  otherwise  with  the  clerk 
of  the  county  wherein  the  said  claim  is  situate,  a  copy  of  the  notice  so 
posted  by  him  upon  the  lode  or  claim,  within  thirty  days  after  the 
date  of  posting  the  same  upon  the  claim  ;  and  shall  pay  a  fee  of  one 
dollar  for  such  record  thereof,  which  said  sum  the  said  recorder  or 
clerk  shall  immediately  pay  over  to  the  treasurer  of  such  county,  and 


STATE  AND  TERRITORIAL  MINING  LAWS.  !3! 

shall  take  his  receipt  therefor,  as  in  case  of  other  county  funds  coming 
into  his  possession  as  such  officer.  Such  officer  shall  immediately 
record  such  notice. 

SEC.  3.  Work  on  Discovery  Shaft  —Before  the  expiration  of 
ninety  days  from  the  date  of  posting  the  said  notice  of  discovery  upon 
his  claim  as  aforesaid,  the  locator  must  sink  a  discovery  shaft  upon  the 
claim  located  to  a  depth  of  at  least  ten  feet  from  the  lowest  part  of  the 
rim  of  such  shaft  at  the  surface,  or  deeper  if  necessary,  to  show  by 
such  work  a  lode  or  vein  of  mineral  deposit  in  place.  A  cut  or  cross- 
cut or  tunnel  which  cuts  the  lode  at  a  depth  of  ten  feet,  or  an  open 
cut  at  least  six  feet  deep,  four  feet  wide,  and  ten  feet  in  length  along 
the  lode  from  the  point  where  the  same  may  be  in  any  manner  discov- 
ered, is  equivalent  to  such  discovery  shaft.  Such  work  shall  not  be 
deemed  a  part  of  the  assessment  work  required  by  the  revised  statutes 
of  the  United  States. 

SEC.  4.  Abandoned  Claims. — Abandoned  claims  shall  be  deemed 
unappropriated  mineral  lauds,  and  titles  thereto  shall  be  obtained  as 
in  this  Act  specified,  without  reference  to  any  work  previously  done 
thereon. 

SEC.  5.  Real  Estate.— Mining  claims  so  located  shall  thereafter 
be  deemed  real  estate,  and  the  owner  of  the  possessory  right  thereto 
shall  have  a  legal  estate  therein,  with  the  meaning  of  Section  zi6  of 
Hill's  Code. 

SEC.  6.  Exempt  from  Taxation. — Prior  to  the  obtaining  of 
patent  from  the  general  government  of  the  United  States  to  such 
claim,  the  same  shall  be  exempt  from  taxation,  except  as  to  the  im- 
provements, machinery  and  buildings  thereon. 

SEC.  7.  Proceedings  to  Divest  Title.— All  conveyances  of  min- 
ing claims,  or  of  interests  therein,  either  quartz  or  placer,  shall  be 
subject  to  the  provisions  governing  transfers  and  mortgages  of  other 
realty  as  to  execution,  recordation,  foreclosure,  execution  sale,  and 
redemption  thereunder,  but  such  redemption  by  the  judgment  debtor 
must  take  place  within  sixty  days  from  date  of  confirmation,  or  such 
right  is  lost. 

SEC.  8.  Proceedings  in  Redemption. — In  case  of  redemption 
from  sale  under  judgment  or  decree,  the  redemptioner  shall  pay  such 
sum  or  sums  as  are  now  required  by  law  for  redemption  under  execu- 
tion sale,  and  such  additional  sum  as  may  have  been  expended  upon 
the  property  so  redeemed  by  the  purchaser  under  execution,  or  his 
assigns,  in  order  to  keep  alive  the  possessory  right  thereto  after  such 
execution  sale,  not  exceeding  the  sum  of  one  hundred  dollars  for  each 
claim,  with  ten  per  centum  interest  thereon  from  date  of  such  expen- 
diture or  expenditures. 

SEC.  9.  Ditches  are  Real  Estate. — Ditches  and  mining  flumes, 
permanently  affixed  to  the  soil,  are  hereby  declared  to  be  real  estate ; 
provided,  that  whenever  any  person,  company,  or  corporation,  being 
the  owner  of  any  such  ditch,  flume,  and  the  water  right  appurtenant 
thereto,  shall  cease  to  operate  or  exercise  ownership  over  said  ditch, 
flume  or  water  right,  for  a  period  of  five  years,  and  every  person, 
company,  or  corporation,  who  shall  remove  from  this  State  with  the 
intent  or  purpose  to  change  his  or  its  residence,  and  shall  remain  ab- 
sent  one  year  without  using  or  exercising  ownership  over  such  ditch, 


1 32  STATE  AND  TERRITORIAL  MINING  LAWS. 

flume  or  water  right,  shall  be  deemed  to  have  lost  all  title,  claim,  and 
interest  therein. 

SEC.  10.  Void  Location. — Any  and  all  locations  or  attempted 
locations  of  quartz  mining  claims  within  this  State  subsequent  to  the 
thirty-first  day  of  December,  1898,  that  shall  not  comply  and  be  in 
accordance  with  the  provisions  of  this  Act  shall  be  null  and  void. 

SEC.  ii.  Grub-staking. — That  all  contracts  of  mining  co-partner- 
ship commonly  known  as  grub  staking,  shall  be  in  writing,  and  filed 
for  record  with  the  recorder  of  conveyances  of  the  county  wherein 
locations  thereunder  are  made.  Such  contracts  must  contain,  first,  the 
names  of  the  parties  thereto,  and,  second,  the  duration  thereof. 
Otherwise  such  contracts  shall  be  null  and  void. 

SEC.  12.  Repeal. — That  Chapter  XIII.  of  the  code  of  civil  and 
criminal  procedure  in  justices'  courts,  and  Sections  3827,  3828,  3830, 
3831,  3832,  3833,  3834,  3835,  and  3836  of  Chapter  LX.,  Hill's  anno- 
tated laws  of  Oregon,  be  and  the  same  are  hereby  repealed. 

SEC.  13.  In  Force  Jan'y  i,  1899. — Whereas,  under  existing  laws 
there  is  great  uncertainty  as  to  mining  titles,  and  the  abuse  of  rights 
to  locate  thereunder  is  detrimental  to  the  mining  industry  of  this 
State,  this  Act  shall  be  in  force  and  take  effect  on  and  after  the  first 
day  of  January,  1899. 

Approved  October  14,  1898. 

Special  Session  Laws,  1898,  page  16. 


STATE  AND  TERRITORIAL  MINING  LAWS.  133 


SOUTH  DAKOTA. 

Location  and  Size  of  Lodes  and  Mining  Claims. 

x.  Length  of  Lode. — The  length  of  any  lode  claim  hereafter  lo- 
cated within  this  Territory  may  equal,  but  shall  not  exceed,  fifteen  hun- 
dred feet  along  the  vein  or  lode. 

2.  Width  of  Lode. — The  width  of  lode  claims  shall  be  one  hun- 
dred and  fifty  feet  on  each  side  of  the  center  of  the  vein  or  crevice; 
Provided,  That  any  county  may,  at  any  general  election,  determine 
upon  a  greater  width  not  exceeding  three  hundred  feet  on  each  side  of 
the  center  of  the  vein  or  lode,  by  a  majority  of  the  legal  votes  cast  at 
said  election;  and  any  county,  by  such  vote  at  such  election,  may  de- 
termine upon  a  less  width  than  above  specified;  Provided,  That  not 
less  than  twenty-five  feet  on  each  side  of  the  vein  or  lode  shall  be  pro- 
hibited. 

J.  Discoverer  to  Record  His  Claim. — That  the  discoverer  of  a 
e  shall,  within  twenty  days  from  the  date  of  discovery,  record  his 
claim  in  the  office  of  the  register  of  deeds  of  the  county  in  which  such 
lode  is  situated,  by  a  location  certificate,  which  shall  contain : 

(1)  The  name  of  the  lode. 

(2)  The  name  of  the  Idcator. 

(3)  The  date  of  location. 

(4)  The  number  of  feet  in  length  claimed  on  each  side  of  the  discov 
ery  shaft. 

(5)  The  number  of  feet  in  width  claimed  on  each  side  of  the  vein  OJ 
lode. 

(6)  The  general  course  of  the  lode,  as  near  as  may  be. 

4.  "When  Certificate  Void. — Any  location  certificate  of  a  lode 
claim  which  shall  not  contain  the  name  of  the  lode,  the  name  of  the 
locator,  the  date  of  location,  the  number  of  lineal  feet  claimed  on  each 
side  of  the  discovery  shaft,  the  number  of  feet  in  width  claimed,  the 
general  course  of  the  lode,  and  such  description  as  shall  identify  the 
claim  with  reasonable  certainty,  shall  be  void. 

5.  Manner  of  Locating  Claim. — Before  filing  such  location  cer- 
tificate, the  discoverer  shalllocate  his  claim  by  first  sinking  a  discovery 
shaft  thereon  sufficient  to  show  a  well-defined  mineral  vein  or  lode ; 
second,  by  posting  at  the  point  of  discovery,  on  the  surface,  a  plain 
sign  or  notice  containing  the  name  of  the  lode,  the  name  of  the  loca- 
tor, and  the  date  of  discovery,  the  number  of  feet  claimed  in  length  on 
either  side  of  the  discovery,  and  the  number  of  feet  in  width  claimed 
on  each  side  of  the  lode ;  third,  by  marking  the  surface  boundaries  of 
the  claim. 

6.  Marking  Surface  Boundaries. — Such  surface  boundaries  shall 
be  marked  by  eight  (8)  substantial  posts,  hewed  or  blazed  on  the  side 
or  sides  facing  the  claim,  and  sunk  in  the  ground,  to  wit :  one  at  each 
corner,  and  one  at  the  centre  of  each  side  line,  and  one  at  each  end  of 
the  lode.     When  it  is  impracticable,  on  account  of  rocks  or  precipitou 
ground,  to  sink  such  posts,  they  may  be  ulaced  in  a  monument  of 


134  STATE  AND  TERRITORIAL  MINING  LAWS. 

7.  Requisite  of  Location. — Any  open  cut,  cross  cut,  or  tunnel,  at 
a  depth  sufficient  to  disclose  the  mineral  vein  or  lode,  or  an  adit  of  at 
least  ten  (10)  feet  in  along  the  lode,  from  a  point  where  the  lode  ma> 
be  in  any  manner  discovered,  shall  be  equivalent  to  a  discovery  shaft. 

8.  Time  Discoverer  Has  to  Perform  Labor.— The  discoverer 
shall  have  thirty  days  from  the  time  of  uncovering  or  disclosing  a  lode, 
to  sink  a  discovery  shaft  thereon. 

9.  Certificate  Construed  to  Contain. — The  location,  or  location 
certificate,  of  any  lode  claim  shall  be  construed  to  include  all  surface 
ground  within  the   surface   lines   thereof,    and   all   lodes   and   ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside  of 
such  lines  extended  vertically,  with  such  parts  of  all  lodes  or  ledges  as 
continue,  by  dip  beyond  the  side  lines  of  the  claim,  but  shall  not  in- 
clude any  portion  of  such  lodes  or  ledges  beyond  the  end  lines  of  the 
claim,  or  the  end  lines  continued,  whether  by  dip  or  otherwise,  or  be- 
yond the  side  lines  in  any  other  manner  than  by  the  dip  of  the  lode. 

10.  Claim  Not  Beyond  Exterior  Lines. — If  the  top  or  apex  of 
the  lode  in  its  longitudinal  course  extends  beyond  the  exterior  lines  of 
the  claim  at  any  point  on  the  surface,  or  as  extended  vertically  down- 
ward, such  lode  may  not  be  followed  in  its  longitudinal  course  beyond 
the  point  where  it  is  intersected  by  the  exterior. 

11.  Claims  Subject  to  Right  of  Way. — All  mining  claims  now 
located,  or  which  may  be  hereafter  located,  shall  be  subject  to  the  right 
of  way  of  any  ditch  or  flume  for  mining  purposes,  or  of  any  tramway 
or  pack  trail  which  is  now  in  use,  or  which  may  be  hereafter  laid  out 
across  any  such  location  :  Provided  always,  That  such  right  of  way 
shall  not  be  exercised  against  any  location  duly  made  and  recorded,  and 
not  abandoned  prior  to  the  establishment  of  the  ditch,  flume,  tramway, 
or  pack-trail,  without  consent  of  the  owners,  except  by  condemnation, 
as  in  case  of  land  taken  for  public  highways ;  parol  consent  to  the  lo- 
cation of  any  such  easement,  accompanied  by  the  completion  of  the 
same  over  the  claim,  shall  be  sufficient  without  writing ;  and  provided 
further,  That  such  ditch  or  flume  be  so  constructed  that  the  water  from 
such  ditch  or  flume  shall  not  injure  vested  rights  by  flooding  or  other- 
vise. 

12.  Owner  May  Demand  Security  from  Miner. — When  the 
right  to  mine  is  in  any  case  separate  from  the  ownership  or  right  of  oc- 
cupancy to  the  surface,  the  owner  or  rightful  occupant  of  the  surface 
may  demand  satisfactory  security  from  the  miner,  and  if  it  be  refused, 
may  enjoin  such  miner  from  working  until  such  security  is  given.     The 
order  for  injunction  shall  fix  the  amount  of  bond. 

13.  Filing  an  Amended  Certificate. — If  at  any  time  the  locator 
of  any  mining  claim  heretofore  or  hereafter  located,  or  his  assigns,  shall 
apprehend  that  his  original  certificate  was  defective,  erroneous,  or  that 
the  requirements  of  the  law  had  not  been  complied  with  before  filing, 
or  shall  be  desirous  of  changing  his  surface  boundaries,  or  of  taking  in 
any  part  of  an  overlapping  claim  which  has  been  abandoned,  or  in  case 
the  original  certificate  was  made  prior  to  the  passage  of  this  law,  and 
he  shall  be  desirous  of  securing  the  benefit  of  this  act,  such  locator  o 
his  assigns  may  file  an  additional  certificate  subject  to  the  provisions  of 
this  act :  Provided,  That  such  relocation  does  not  interfere  with  the  ex- 
isting rights  of  others  at  the  time  of  such  relocation,  and  no  such  relo 


STATE  AND  TERRITORIAL  MINING  LAWS.  I35 

cation  or  the  record  thereof  shall  preclude  the  claimant  or  claimants 
from  proving  any  such  title  or  titles  as  he  or  they  may  have  held  under 
previous  locations. 

14.  Work  Performed  Annually. — The  amount  of  work  to  be 
done  or  improvements  made  during  each  year,  to  hold  possession  of  a 
mining  claim,  shall  be  that  prescribed  by  the  laws  of  the  United  States, 
to  wit :  one  hundred  dollars  annually. 

15.  Affidavit  of  Labor  to  be  Made. — Within  six  months  aftej 
any  set  time  or  annual  period  herein  allowed  for  the  performance  of 
labor  or  making  improvements  upon  any  lode  claim,  the  person  on 
whose  behalf  such  outlay  was  made,  or  some  person  for  him,  shall  make 
and  record  an  affidavit  in  substance  as  follows : 

TERRITORY  OF  DAKOTA, 

County  of . 

Before  me,  the  subscriber,  personally  appeared  ,  who,  being 

duly  sworn,  says  that  at  least  — = dollars'  worth  of  work  or  improve 

ments  were  performed  or  made  upon  [here  describe  the  claim  or  claims, 

or  part  thereof]  prior  to  the  —  day  of ,  A.  D.  18 — ,  situate  in 

mining  district,  county  of ,  Territory  of  Dakota.  Such 

expenditure  was  made  by  or  at  the  expense  of ,  owner  of  said 

claim,  for  the  purpose  of  holding  said  claim. 

[Jurat.]  [Signature.] 

And  such  certificate,  when  recorded  in  the  office  of  the  register  of 
•ieeds  of  the  county  wherein  such  claim  is  located,  shall  be  prima  facie 
vidence  of  the  performance  of  such  labor. 

16.  Relocating  Abandoned  Claims. — The  relocation  of  aban- 
doned lode  claims  shall  be  by  sinking  a  new  discovery  shaft,  and  fixing 
new  boundaries,  in  the  same  manner  as  if  it  were  the  location  of  a  new 
claim ;  or  the  relocator  may  sink  the  original  shaft,  cut,  or  adit  to  a 
sufficient  depth  to  comply  with  sections  five  and  seven  of  this  chapter, 
and  erect  new  or  adopt  the  old  boundaries,  renewing  the  posts  if  re- 
moved or  destroyed.     In  either  case,  a  new  location  stake  shall  be 
erected.     In  any  case,  whether  the  whole  or  part  of  an  abandoned 
claim  is  taken,  the  location  certificate  must  state  that  the  whole  or  any 
part  of  the  new  location  is  located  as-  abandoned  property. 

17.  One    Certificate,    One    Location. — No   location   certificate 
shall  claim  more  than  one  location,  whether  the  location  be  made  by 
one  or  several  locators;  and  if  it  purport  to  claim  more  than  one  loca- 
tion, it  shall  be  absolutely  void,  except  as  to  the  first  location  therein 
described ;  and  if  they  are  described  together,  or  so  that  it  cannot  be 
told  which  location  is  first  described,  the  certificate  shall  be  void  as  to 
all. 

18.  Fee  for  Recording. — The  register  of  deeds  shall  be  entitled  to 
receive  the  sum  of  one  dollar  for  each  location  certificate  recorded  and 
certified  by  him,  and  shall  furnish  the  locator  or  locators  with  a  certi- 
fied copy  of  such  certificate  when  demanded,  for  which  he  shall  be  eu 
titled  to  receive  fifty  cents. 

Revised  Code  of  Dakota,  1877,  p.  159. 


136  STATE  AND  TERRITORIAL  MINING  LAWS. 

Location  of  Lodes. 

AN  ACT  to  amend  Chapter  ji  of  the  Political  Code. 

Be  it  enacted,  etc. 

SECTION  i. — Discoverer  entitled  to  sixty  days  before  record- 
ing. That  section  3  of  chapter  31  of  the  Political  Code  be,  and  the 
same  is  hereby  amended  by  striking  out  the  word  "twenty  "  where  it 
occurs  in  the  second  line  thereof,  and  inserting  in  lieu  thereof  the  word 
"sixty." 

SEC.  2. — Name  of  locators.  That  subdivision  2  of  section  3  of  said 
chapter  be  amended  by  adding  after  the  word  "locator  "  the  words  "or 
locators. ' ' 

SEC.  3. — Name  of  locators.  That  section  5  of  said  chapter  be 
amended  by  adding  after  the  word  "locator"  where  it  appears  in  the 
fifth  line  thereof,  the  words  "or  locators." 

SEC.  4. — Marking  boundaries.  That  section  6  of  said  chapter  be 
amended  by  adding  after  the  word  "  claim  "  the  following:  "and  plainly 
marked  with  the  name  of  the  lode  and  the  corner,  end  or  side  of  the 
claim  that  they  respectively  represent." 

SEC.  5. — Locators  entitled  to  sixty  days  to  perform  labor. 
That  section  8  of  said  chapter  be  amended  by  striking  out  the  word 
"thirty  "  and  inserting  in  lieu  thereof  the  word  "sixty." 

SEC.  6. — Time  of  doing  annual  work.  That  section  14  of  said 
chapter  be  amended  by  adding  at  the  end  of  said  section  the  following : 
"  Provided,  That  the  period  within  which  the  work  required  to  be  done 
annually  on  all  unpatented  claims  so  located,  shall  commence  on  the 
first  day  of  January  succeeding  the  date  of  location  of  such  claim." 

SEC.  7.  — That  section  15  of  said  chapter  be  and  the  same  is  hereby 
repealed. 

SEC.  8. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 

Endorsed. — Received  at  Executive  Office,  February  28,  at  5. :jo  P.  M. 

NOTE  BY  THE  SECRETARY  OF  THE  TERRITORY. 

The  foregoing  act  having  been  presented  to  the  Governor  of  the  Ter- 
ritory for  his  approval,  and  not  having  been  returned  by  him  to  the 
House  of  the  Legislative  Assembly  in  which  it  originated,  within  the 
time  prescribed  by  the  Organic  Act,  has  become  a  law  without  his  ap- 
proval. 

GEO.  H.  HAND, 
[Laws  of  1881.     p.  123.]  Secretary  of  the  Territory. 

Liens. 

AN  ACT  to  create  a  lien  for  miners  and  laborers  in  certain  cases. 

Be  it  enacted,  etc. 

SECTION  i. — Miner  to  have  lien  upon  mine  for  work  done  or 
material  furnished.  That  every  miner  or  other  person  who,  at  the 
request  of  the  owner  or  owners,  or  his  or  their  agents,  of  any  lode,  lead, 
ledge,  mine  or  deposit  bearing  gold,  cinnabar,  or  copper,  or  of  any  coal 
bank  or  mine,  or  at  the  request  of  any  contractor -or  sub-contractor,  shall 
perform  any  labor  whatever  on  said  mine,  or  furnish  any  timber,  rope, 


STATE  AND  TERRITORIAL  MINING  LAWS.  137 

nails  or  any  other  materials  for  timbering  shafts  or  levels  for  the  mine 
owned  by  such  owner  or  owners,  or  who  shall  furnish  any  kind  of  materials 
for  erecting  any  windlass,  whims,  or  any  other  hoisting  apparatus  or  ma- 
chinery, or  for  any  car  track,  cars,  tunnels,  drifts  or  openings  thereon, 
or  shall  perform  any  labor  on  any  tunnel,  shall  have  a  lien  upon  such 
lode,  lead,  ledge,  mine,  deposit,  bank  or  tunnel  to  secure  the  payment 
of  the  same. 

SEC.  2. — When  labor  is  performed  for  contractor,  owner  to 
pay,  when.  Every  miner  or  other  person  doing  and  performing  any 
work  or  furnishing  any  materials  as  specified  in  section  one  of  this  act 
under  a  contract,  either  express  or  implied,  between  the  owner  or  owners 
of  any  mine,  or  his  or  their  agent,  and  any  contractor  working  on  such 
mine,  whether  such  work  shall  be  performed  or  materials  furnished  as 
miner,  laborer  or  otherwise,  whose  demand  for  work  so  performed  or 
materials  so  furnished  has  not  been  paid,  may  deliver  to  the  owner  or 
owners  of  such  mine  or  tunnel,  or  to  his  or  their  agent  or  superintendent, 
an  attested  account  of  the  amount  and  value  of  the  work  and  labor  thus 
performed  or  of  the  materials  thus  furnished  and  remaining  unpaid,  and 
thereupon  such  owner  or  owners  or  his  or  their  agent,  shall  retain  out 
of  the  first  subsequent  payments  to  such  contractor  the  amount  so  due 
for  such  work  and  labor,  or  materials  furnished,  for  the  benefit  of  the 
person  so  performing  or  purchasing  the  same. 

[Sections  3  to  7  refer  to  mode  of  procedure — EDITOR.] 

SEC.  8. — This  act  to  apply  to  oil  wells,  etc.  The  provisions  of 
this  act  shall  apply  to  oil  wells  or  springs,  iron  and  lead  mines,  as  well  as 
all  other  mines  not  herein  specified,  so  far  as  the  same  may  be  applicable. 

SEC.  9. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 

Approved,  February  i,  1879. 

[Laws  of  1879.     P-  IJ4-] 

For  law  relative  to  water  rights,  see  laws  of  1881,  p.  226,  and  foi 
right  of  way  and  easements,  p.  124,  same  session. 


138  STATE  AND  TERRITORIAL  MINING  LAWS. 


UTAH. 

Of  Mines  and  Mining. 

AN  ACT  to  provide  rules  for  the  working  and  development  of  mines. 
\Approved  February  16,  187 2. ,] 

(1218)  SECTION  i. — Location  of  Claim. — Be  it  enacted  by  the 
Governor  and  Legislative  Assembly  of  the  Territory  of  Utah :  That 
any  citizen  of  the  United  States,  and  any  person  who  shall  have  de- 
clared his  intention  to  become  such,  who  shall  hereafter  discover  any 
mineral  deposit,  lead,  or  lode,  bearing  gold,  silver,  tin,  platina,  copper, 
or  cinnabar,  shall  be  entitled  to  one  claim  thereon,  by  right  of  dis- 
covery, and  one  claim  by  right  of  location :  Provided,  That  no  person 
shall  be  entitled  to  more  than  one  claim  by  right  of  location,  on  any 
one  lead  or  lode.     [See  United  States  Law.] 

(1219)  SEC.  2. — Defacing  Notices,  etc. — Any  person  or  persons 
who  shall  willfully  or  maliciously  tear  down  or  deface  a  notice  posted 
on  any  mining  claim,  or  take  up  or  destroy  any  stake  or  monument, 
marking  any  such  claim,  or  interfere  with  any  person  lawfully  in  pos- 
session of  said  claim,  or  who  shall  alter,  erase,  deface,  or  destroy  any 
record  kept  by  a  mining  recorder,  shall  be  guilty  of  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
for  not  less  than  ten  days  nor  more  than  six  months,  or  by  both  such 
fine   and   imprisonment.     Justices   of  the    Peace,  in   their   respective 
counties,  shall  have  jurisdiction  of  such  offences. 

(1220)  SEC.    3. — Wrongfully    Extracting   Ores. — Any   person 
wrongfully  entering  upon  any  mine  or  mining  claim,  and  carrying  away 
ores  therefrom,  or  extracting  or  selling  ores  from  any  mine,  being  the 
property  of  another,  shall  be  liable  to  the  owner  or  owners  of  said  ore 
for  three  times  the  value  thereof,  recoverable  by  an  action  at  law ;  and 
should  the  plaintiff  file  his  affidavit  that  the  defendant  did  unlawfully 
take  such  ores,  the  defendant  may  be  arrested  and  held  to  bail,  as  in 
cases  for  the  recovery  of  the  possession  of  personal  property  unjustly 
detained. 

(1221)  SEC.  4. — Miner's  Lien. — Any  person  or  persons  who  shall 
perform  any  work  or  labor  upon  any  mine,  or  furnish  any  material 
therefor,    in   pursuance  with   any  contract  made  with  the   owner   or 
owners  of  such  mine,  or  of  any  interest  therein,  shall  be  entitled  to  a 
miner's  lien  for  the  payment  thereof  upon  all  the  interest,  right,  and 
property  in  such  mine,  by  the  person  or  persons  contracting  for  such 
labor  or  materials  at  the  time  of  making  such  contract ;  said  lien  may 
be  enforced  in  the  same  manner 'and  with  the  same  effect  as  a  me- 
chanic's lien,  as  provided  by  the  laws  of  Utah. 


STATE  AND  TERRITORIAL  MINING  LAWS.  139 

Records  and  Mining  Rules. 

AN  ACT  in  relation  to  proving  the  records  and  mining  rules  and  regula- 
tions of  the  mining  districts  of  the  Territory,  and  for  other  purposes. 

{Approved  February  18,  1876. ~\ 

(1222)  SECTION  i. — Location    Notices. — Be   it   enacted   by  the 
Governor  and   Legislative  Assembly  of  the  Territory  of  Utah:  That 
copies  of  notices  of  location  of  the  mines,  lodes,  and  veins,  and  of 
tunnel  sites  recorded  in  the  several  mining  districts,  and  of  the  mining 
rules  and  regulations  in  force  in  the  several  districts,  in  like  manner  re- 
corded, shall  be  receivable  in  all  the  courts  of  this  Territory,  as  prima 
facie  evidence  of  such  notices,  rules,  and  regulations :  Provided,  The 
recorder  of  the  district  shall  certify  under  his  hand  and  seal  that  such 
copies  are  full,  true,  and  perfect  copies  from  the  records  in  his  custody. 
The  seal  of  the  office  of  the  mining  recorder  so  certifying,  affixed  to 
such  certificate,  shall  be  prima  facie  evidence  of  the  fact  of  the  election 
and  qualification  and  official  character  of  such  mining  recorder. 

(1223)  SEC.  2. — County  Recorders. — It  shall  be  the  duty  of  the 
county  recorder  of  the  several  counties  of  this  Territory,  to  record  the 
mining  rules  and  regulations  of  the  several  mining  districts  in  their  re- 
spective counties ;  and  when  so  recorded,  certified  copies  thereof  shall 
be  received  in  all  the  courts  of  this  Territory,  as  prima  facie  evidence 
of  such  rules  and  regulations. 

(1224)  SEC.  3. — Fees. — The  mining  recorders  of  the  several  mining 
listricts  shall  be  allowed  the  same  fees  for  recording  and  making  copies 
)f  any  records  in  their  custody  as  are  now  allowed  by  law  for  like  ser- 
vices to  county  recorders.     And  it  shall  be  the  duty  of  each  mining  re- 
corder, upon  request  and  payment  or  tender  of  the  fees  therefor,  to 
make  and  deliver  to  any  person  requesting  the  same,  duly  certified 
copies  of  any  records  in  his  custody ;  and  for  a  failure  so  to  do,  or  for 
receiving  larger  fees  for  any  such  service  than  those  herein  provided, 
such  mining  recorder  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  subjected  to  the  same  penalties  pro- 
vided against  public  officers  in  section  twenty  of  the  act  entitled,  "An 
act  to  regulate  fees  and  compensation  for  official  and  other  services  in 
the  Territory  of  Utah,"  passed  February  20,  1874. 

(1225)  SEC.  4. — District  Records  and  Recorders. — Recorders 
of  mining  districts  shall,  for  the  purpose  of  this  act,  be  deemed  public 
officers,  and  the  records  in  their  custody  shall  be  deemed  public  re- 
cords, and  they  are  hereby  required  to  keep  an  official  seal. 

[Compiled  Laws  of  Utah,  pp.  398,  399,  400.] 


140  STATE  AND  TERRITORIAL  MINING  LAWS. 

The  Compiled  Laws  of  1888  (page  138)  make  the  following  changes 
in  the'  preceding  Laws: 

Cut  out  Section  1218  and  substitute  Section  2790 — "Any  mining 
claim  which  shall  hereafter  be  located  upon  any  vein  or  lode  of  quartz 
or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper 
or  other  valuable  deposits,  may  extend  three  hundred  feet  on  each  side 
of  the  middle  of  the  vein  or  lode  at  the  surface." 

Add  Sections  2798,  2799  and  2800. 

"  SEC.  2798 — SEC.  5.  Whenever  there  is  a  vacancy  in  the  office  of 
recorder  of  any  mining  district,  or  the  person  holding  such  office  shall 
remove  from  the  district,  leaving  therein  no  qualified  successor  in 
office;  or  whenever  from  any  cause  there  is  no  person  in  such  district 
authorized  to  retain  the  custody,  and  give  certified  copies  of  the 
records,  it  shall  be  the  duty  of  the  person  having  custody  of  the 
records  to  deposit  the  same  in  the  office  of  the  county  recorder  of  the 
county  in  which  such  mining  district  is,  or  the  greater  part  thereof  is 
situated,  and  the  county  recorder  shall  receive  such  records  and  is 
hereby  authorized  to  make  and  certify  copies  therefrom,  and  such 
certified  copies  shall  be  received  in  evidence  in  all  courts  and  before 
all  officers  and  tribunals,  in  the  same  manner  and  to  the  same  effect 
as  if  certified  by  a  qualified  recorder  of  the  mining  district.  The  pro- 
duction of  a  certified  copy  so  made,  shall  be,  without  other  proof, 
evidence  that  said  records  were  properly  in  the  custody  of  the  county 
recorder. 

SEC.  2799 — SEC.  i.  That  the  recorders  of  the  several  mining  districts 
shall  each  take  an  oath  of  office,  and  give  a  bond  with  approved 
securities  in  the  penal  sum  of  one  thousand  dollars,  which  bond  shall 
be  approved  by  and  filed  in  the  office  of  the  probate  judge  of  their 
respective  counties. 

SEC.  2800 — SEC.  2.  In  cases  where  the  recorder  of  any  mining  dis- 
trict appoints  a  deputy,  said  recorder  shall  be  responsible  for  the 
official  acts  of  said  deputy. 

Chapter  XXX.— Liens  for  Mechanics  and  Others. 

An  Act  to  secure  liens  to  mechanics  and  others  and  to  repeal  all  other 
acts  and  laws  in  relation  thereto. 

SECTION  7.  Mines. — The  provisions  of  this  act  shall  apply  to  all 
persons  who  shall  do  work  or  furnish  materials  for  the  working  or  de- 
velopment of  any  mine.  *  *  *  And  provided  further,  That  this 
Section  shall  not  be  deemed  to  apply  to  the  owner  or  owners  of  any 
mine,  lode,  deposit,  shaft,  tunnel,  incline,  adit,  drift  or  other  excava- 
tion, when  the  same  shall  be  worked  by  a  lessee. 

Approved  March  12,  1890 — Laws  of  1890,  p.  24. 

Chapter  XXXVII.— Mines. 

An  Act  to  provide  right  of  way  and  easements  for  the  development 
of  mines. 

Approved  March  12,  1890 — Laws  of  1890,  p.  37. 

[This  act  embraces  13  sections,  and  provides  for  assessing  damages, 
appeals,  etc.] 


STATE  AND  TERRITORIAL  MINING  LAWS.  141 

Chapter  XV. — Mining  Recorders. 

An  Act  to  amend  Section  2796  of  the  Compiled  Laws  of  Utah  Terri- 
tory, 1888,  relating  to  Fees  of  Mining  Recorders. 

SECTION  i.  That  Section  2796  [1224]  of  the  Compiled  Laws  of 
Utah,  1888,  be  and  the  same  is  amended  as  follows:  By  striking  out 
the  words  "  by  law  for  the  services  to  county  recorders  "  in  the  fourth 
line  of  the  section  and  substituting  in  lieu  thereof  the  words,  "  by  the 
by  laws  of  the  mining  district  in  which  same  is  recorded  or  said  copies 
are  made." 

Approved  February  26,  1892. 


I42  STATE  AND  TERRITORIAL  MINING  LAWS. 


WASHINGTON. 

Location  and  Possession  of  Mining  Lodes. 

SECTION  2427. — Governed  How.— All  mining  claims  upon  veins 
or  lodes  of  quartz,  or  other  rock  in  place,  bearing  gold,  silver,  or 
other  valuable  mineral  deposits  heretofore  located,  shall  be  governed 
as  to  length  along  the  vein  or  lode  by  the  customs,  regulations,  and 
laws  in  force  at  the  date  of  such  location. — 1888,  160,  i ;  i  H.,  2210. 

SEC.  2428. — Extent — Restrictions. — A  mining  claim  located 
upon  any  vein  or  lode  of  quartz,  or  other  rock  in  place,  bearing  gold, 
silver,  or  other  valuable  mineral  deposits,  after  the  approval  of  this  act 
by  the  Governor,  whether  located  by  one  or  more  persons,  may  equal 
but  shall  not  exceed  one  thousand  five  hundred  feet  in  length  along 
the  vein  or  lode;  but  no  location  of  a  mining  claim  shall  be  made 
until  the  discovery  of  the  vein  or  lode  within  the  limits  of  the  claims 
located.  No  claims  shall  extend  more  than  three  hundred  feet  on  each 
side  of  the  middle  of  the  vein  at  the  surface,  nor  shall  any  claims  be 
limited  by  any  mining  regulations  to  less  than  fifty  feet  of  surface,  on 
each  side  of  the  middle  of  such  vein  or  lode  at  the  surface,  excepting 
where  adverse  rights,  existing  at  the  date  of  the  approval  of  this  act, 
shall  make  such  limitation  necessary.  The  end  lines  of  each  claim 
shall  be  parallel  to  each  other. — 1888,  160,  2;  i  H.,  2211. 

SEC.  2429. — Exclusive  Right  to  What. — The  locators  of  all 
mining  locations  heretofore  made,  or  hereafter  made  under  the  pro- 
visions of  this  act,  on  any  mineral  vein,  lode  or  ledge  on  the  public 
domain,  and  their  heirs  or  assigns,  so  long  as  they  comply  with  the 
laws  of  the  United  States,  and  the  territorial  and  local  laws  relating 
thereto,  shall  have  the  exclusive  right  to  the  possession  and  enjoyment 
of  all  surface  included  within  the  lines  of  their  location,  and  of  all 
veins,  lodes,  or  ledges  throughout  their  entire  depth,  and  the  top-or 
apex  of  which  lies  within  the  surface  lines  of  such  location,  extending 
downward  vertically,  although  such  veins,  lodes,  or  ledges  may  so  far 
depart  from  the  perpendicular  in  their  course  downward  as  to  extend 
outside  of  the  vertical  side  line  of  said  surface  location. — 1888,  160, 
3;  i  H.,  2212. 

SEC.  2430. — Conditions  for  Holding. — In  order  to  hold  the 
possessory  right  to  a  location  of  a  mine  not  less  than  one  hundred  dol- 
lars' worth  of  work  must  be  performed  or  improvements  made  thereon 
annually :  Provided,  that  the  period  within  which  the  work  required 
to  be  done  annually  on  all  unpatented  claims  so  located  shall  com- 
mence on  the  first  day  of  January  succeeding  the  date  of  location  of 
such  claim. — 1893,  75,  i. 

SEC.  2431. — Recorder. — The  miners  of  each  mining  district  may 
elect  a  recorder  of  the  said  district.  When  so  elected,  such  recorder 
shall  provide  books  of  record,  in  which  it  shall  be  his  duty  to  record 
all  notices  of  locations  or  transfers,  bonds,  conveyances  or  assignments 
of  mining  claims  within  his  district,  when  the  same  shall  be  presented 
to  him  for  record.  Such  records  are  hereby  declared  to  be  public 


STATE  AND  TERRITORIAL  MINING  LAWS.  I43 

records  open  to  inspection,  and  shall  have  the  same  force  and  effect  so 
far  as  notice  is  concerned,  as  the  records  of  deeds  and  mortgages  in 
this  State. — 1888,  161,  5:  i  H.,  2214. 

SEC.  2432. — Term — Oath — Fees. — When  a  recorder  shall  be 
elected  as  provided  in  section  5  of  this  act  [2431],  he  shall  hold  his 
office  for  a  term  of  one  year  from  the  date  of  his  election,  and  until 
his  successor  is  elected  and  qualified.  He  shall,  immediately  after  his 
election,  file  with  the  county  auditor,  of  the  county  within  which  h'is 
district  is  situated,  an  oath  to  the  effect  that  he  will  faithfully  discharge 
the  duties  of  his  office.  He  shall  be  a  certifying  officer,  and  certified 
copies  of  his  records  shall  have  the  same  force  and  effect  as  similar 
papers  certified  by  other  officers  of  this  State.  His  fees  shall  be 
the  same  as  those  of  the  county  auditor  for  similar  work ;  and  should 
the  office  of  recorder  in  any  mining  district  at  any  time  become 
vacant,  it  shall  be  the  duty  of  the  person  last  holding  said  office,  and 
of  any  person  into  whose  possession  the  same  may  come,  to  forthwith 
transmit  all  the  records,  papers  and  files  of  the  said  office  to  the  auditor 
of  the  county  in  which  such  district  is  located,  and  such  auditor  shall 
thereafter  keep  the  same  as  part  of  the  records  and  files  of  his  office. — 
1888,  161,  6;  i  H.,  2215. 

SEC.  2433. — Where  Recorded. — Inasmuch  as  sections  five  and 
six  of  this  Act  [2431,  2432]  leave  the  election  of  a  recorder  for  a  min- 
ing district  optional  with  the  miners  thereof,  all  location  notices, 
bonds,  assignments  and  transfers  of  mining  claims  shall  be  recorded  in. 
the  office  of  the  county  auditor  of  the  county  where  the  same  is  situated 
within  thirty  days  after  the  execution  thereof;  provided,  that  all 
records  of  mining  claims  and  of  assignments,  deeds,  bonds  and  trans- 
fers heretofore  made  by  any  recorder  of  any  mining  district,  or  by  any 
county  auditor,  are  hereby  declared  to  be  valid  .and  to  have  the  same 
force  and  effect  as  records  made  in  pursuance  of  the  provisions  of  this 
act.— 1888,  161,  7:  i  H.,  2216. 

Code,  1896,  pp.  424,  425. 

For  inspection  and  working  of  Coal  Mines,  Boring  for  Oil  and 
Minerals,  and  to  prevent  accidents  from  excavation,  see  sections  2434 
to  2483,  Code,  1896. 

Relating  to  Monuments  and  Notices  on  Mining  Claims. 

SEC.  i.  Mining  Monuments. — Any  person  who  shall  wilfully 
and  maliciously  deface,  remove,  injure  or  destroy  any  location  stake, 
side  post,  corner  post,  kad  mark  or  monument,  or  any  other  land 
boundary  monument,  the  ame  having  been  erected  or  implanted  for 
the  purpose  of  designating  the  location,  boundary  or  name  of  any 
mining  claim,  lode  or  vein  of  mineral,  or  for  posting  the  name  of  the 
discoverer,  locator  or  owner  or  date  of  discovery  thereon  ;  or  any  per- 
son who  shall  so  deface,  obliterate,  remove  or  destroy  any  notice  hav- 
ing been  placed  or  posted  upon  any  mining  claim  for  the  purpose  of 
marking  or  identifying  the  same,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
less  than  one  hundred  dollars  ($100)  nor  more  than  five  hundred  dol- 
lars (§500),  or  by  imprisonment  in  the  county  jail  not  exceeding  one 


I44  STATE  AND  TERRITORIAL  MINING  LAWS. 

year ;  Provided,  however,  That  the  provisions  of  this  Act  shall  not 
apply  to  abandoned  mining  claims. 

S«c.  2.  Take  Effect. — An  emergency  exists,  and  this  Act  shall 
take  effect  immediately. 

Approved  March  16,  1897. 

Relating  to  the  Mineral  Lands  of  the  State. 

SECTION  i.  Mining  Leases. — The  commissioner  of  public  lands 
of  the  State  of  Washington  is  hereby  authorized  to  execute  leases  and 
contracts  for  the  mining  of  gold,  silver,  copper,  lead,  cinnabar  or 
other  valuable  minerals,  except  coal,  from  any  land  now  belonging 
to  the  State  or  from  any  lands  to  which  the  State  may  hereafter  ac- 
quire title,  subject  to  the  conditions  hereinafter  provided. 

SEC.  2.  Proceeding  to  Secure  Lease. — Any  citizen  of  the 
United  States  finding  precious  minerals  upon  any  lands  belonging  to 
the  State  of  Washington  may  apply  to  the  Commissioner  of  Public 
Lands  for  a  lease  of  any  amount  of  land  not  to  exceed  the  amount  of 
land  allowed  by  the  United  States  mining  laws  for  locating  and  record- 
ing mining  claims,  and  same  dimensions. 

SEC.  3.  Mining  Locations. — The  manner  of  locating  a  mineral 
claim  upon  State  land  shall  be  similar  to  the  State  law  regulating  loca- 
tions of  mineral  claims  on  government  land  :  Provided,  That  any  cit- 
izens that  have  found  minerals  on  State  lands  previous  to  the  passage 
of  this  Act,  and  have  posted  up  notice  setting  forth  the  dimensions 
according  to  the  mining  law  of  the  United  States  and  the  State  of 
Washington,  shall  have  prior  right  to  lease  the  same,  and  shall  have 
ninety  (90)  days  after  the  passage  of  this  Act  to  make  application  to 
the  Commissioner  of  Public  Lands  for  a  lease. 

SEC.  4.  Timber.— The  lessee  may  cut  and  use  the  timber  found 
upon  said  premises  for  fuel  and  construction  of  buildings,  required  in 
the  operation  of  any  mine  or  mines  on  the  premises ;  also  the  timber 
necessary  for  drains,  tramways  and  supports  for  such  mine  or  mines, 
and  for  no  other  purpose. 

SEC.  5.  Payment— Prospecting. — Before  any  lease  shall  be 
granted,  the  applicant  shall  pay  to  the  State  Treasurer  the  sum  of  five 
dollars  ($5).  The  holder  of  a  mineral  lease,  secured  as  above,  shall 
have  two  years  to  develop  said  mine  or  mines:  Provided,  That  no 
more  than  five  tons  of  ore  shall  be  removed  therefrom,  for  assaying  or 
testing  purposes,  until  a  contract  as  hereinafter  provided  shall  have 
been  executed. 

SEC.  6.  Contract. — At  any  time  prior  to  the  expiration  of  said 
lease,  the  lease  holder,  or  any  assignee  thereof,  shall  have  the  right  to 
obtain  from  the  said  Commissioner  of  Public  Lands  a  contract  which 
shall  bind  the  State  of  Washington,  as  the  party  of  the  first  part,  and 
the  person,  persons  or  corporation  to  whom  said  contract  shall  issue, 
as  the  party  of  the  second  part,  in  a  mutual  observance  of  the  obliga- 
tions and  conditions  as  specified  therein. 

SEC.  7.  Royalty. — The  terms  and  conditions  on  which  the  same 
may  be  mined  shall  be  agreed  upon  by  the  Commissioner  of  Public 
Lands  and  the  lessee :  Provided,  That  the  royalty  or  tax  to  be  paid  by 
the  lessee  shall  be  graduated.  All  claims  or  mines  that  do  not  yield 


STATE  AND  TERRITORIAL  MINING  LAWS.  I45 

a  net  income  of  more  than  $2,000  shall  pay  a  tax  of  ten  dollars  per 
year  ;  over  $2,000  and  not  to  exceed  $10,000,  shall  pay  fifty  dollars ; 
from  $10,000  to  $100,000,  five  per  cent.;  all  above  $100,000,  ten  per 
cent.  Where  the  lessee  commits  fraud,  the  penalty  shall  be  the  for- 
feit of  the  mine  or  mines  and  all  property  pertaining  thereto. 

SEC.  8.  Take  Effect. — There  being  no  law  of  this  State  govern- 
ing this  subject,  an  emergency  is  declared  to  exist,  and  this  law  shall 
be  in  full  force  and  effect  on  and  after  its  approval  by  the  governor. 

Approved  March  17,  1897. 

Mining  Claims  and  Rules  of  Mining  Districts. 

SECTION  i.  Location  Record. — The  discoverer  of  a  lode  shall 
within  ninety  (90)  days  from  the  date  of  discovery,  record  in  the  office 
of  the  auditor  of  the  county  in  which  such  lode  is  found  a  notice  con- 
taining the  name  or  names  of  the  locators,  the  date  of  the  location, 
the  number  of  feet  in  length  claimed  on  each  side  of  the  discovery, 
the  general  course  of  the  lode,  and  such  a  description  of  the  claim  or 
claims  located  by  reference  to  some  natural  object  or  permanent  mon- 
ument as  will  identify  the  claim. 

SEC.  2.  Location  and  Marking  of  Claims. — Before  filing 
such  notice,  for  record  the  discoverer  shall  locate  his  claim  by  first 
sinking  a  discovery  shaft  upon  the  lode,  to  the  depth  of  ten  (10)  feet 
from  the  lowest  part  of  the  rim  of  such  shaft  at  the  surface,  and  shall 
post  at  the  discovery  at  the  time  of  discovery  a  notice  containing  the 
name  of  the  lode,  the  name  of  the  locator  or  locators,  and  the  date  of 
discovery,  and  shall  mark  the  surface  boundaries  of  the  claim  by  plac- 
ing substantial  posts  or  stone  monuments  bearing  the  name  of  the  lode 
and  date  of  location  ;  one  post  or  monument  must  appear  at  each  corner 
of  such  claim ;  such  posts  or  monuments  must  be  not  less  than  three 
(3)  feet  high  ;  if  posts  are  used,  they  shall  be  not  less  than  four  inches 
in  diameter,  and  shall  be  set  in  the  ground  in  a  substantial  manner. 
If  any  such  claim  be  located  on  ground  that  is  covered  wholly  or  in 
part  with  brush  or  trees,  such  brush  shall  be  cut  and  trees  be  marked 
or  blazed  along  the  lines  of  such  claim  to  indicate  the  location  of  such 
lines. 

SEC.  3.  Discovery. — Any  open  cut  or  tunnel  having  a  length  of 
ten  (10)  feel,  which  shall  cut  a  lode  at  the  depth  of  ten  (10)  feet  below 
the  surface,  shall  hold  such  lode  the  same  as  if  a  discovery  shaft  were 
sunk  thereon,  and  shall  be  equivalent  thereto. 

SEC.  4.  Definition. — The  term  "  lode  "  as  used  in  this  Act  shall 
be  construed  to  mean  ledge,  vein  or  deposit. 

SEC.  5.  Amendment. — If  at  any  time  the  locator  of  any  quartz  or 
lode  mining  claim  heretofore  or  hereafter  located,  or  his  assigns,  shall 
learn  that  his  original  certificate  was  defective,  or  that  the  require- 
ments of  the  law  had  not  been  complied  with  before  filing,  or  shall  be 
desirous  of  changing  his  surface  boundaries,  or  of  taking  in  any  addi- 
tional ground  which  is  subject  to  location,  or  in  any  case  the  original 
certificate  was  made  prior  to  the  passage  of  this  law,  and  he  shall  be 
desirous  of  securing  the  benefits  of  this  Act,  such  locator  or  his  assigns 
may  file  an  amended  certificate  cf  location,  subject  to  the  provisions 
of  this  Act,  regarding  the  making  of  new  locations. 


146  STATE  AND  TERRITORIAL  MINING  LAWS. 

SEC.  6.  Affidavit  of  Labor.  — Within  thirty  (30)  days  after  the 
expiration  of  the  period  of  tune  fixed  for  the  performance  of  annual 
labor,  or  the  making  of  improvements  upon  any  quartz  or  lode  mining 
claim  or  premises,  the  person  in  whose  behalf  such  work  or  improve- 
ment was  made,  or  some  person  for  him  knowing  the  facts,  shall  make 
and  record  in  the  office  of  the  county  auditor  of  the  county  wherein 
such  claims  are  situate  an  affidavit  or  oath  of  labor  performed  on  such 
claim.  Such  affidavit  shall  state  the  exact  amount  and  kind  of  labor, 
including  the  number  of  feet  of  shaft,  tunnel  or  open  cut  made  on 
such  claim,  or  any  other  kind  of  improvements  allowed  by  law  or  by 
rules  of  mining  districts  made  thereon. 

SEC.  7.  Evidence. — Such  affidavit  when  so  recorded  shall  be 
prima  facie  evidence  of  the  performance  of  such  labor  or  the  making 
of  such  improvements,  and  such  original  affidavit  after  it  has  been  re- 
corded, or  a  certified  copy  of  record  of  same,  thall  be  received  as  evi- 
dence accordingly  bv  all  the  courts  of  this  State.  • 

SEC.  8.  Relocation — The  relocation  of  forfeited  or  abandoned 
quartz  or  lode  claims  bhall  only  be  made  by  sinking  a  new  discovery 
shaft  and  fixing  new  boundaries  in  the  same  manner  and  to  the  same 
extent  as  is  required  in  making  a  new  location,  or  the  relocator  may 
sink  the  original  discovery  shaft  ten  feet  deeper  than  it  was  at  the  date 
of  commencement  of  such  relocation,  and  shall  erect  new,  or  make 
the  old  monuments  the  same  as  originally  required  ;  in  either  case  a 
new  location  monument  shall  be  erected,  and  the  location  certificate 
shall  state  if  the  whole  or  any  part  of  the  new  location  is  located  as 
abandoned  property. 

SEC.  9.  Cascade  Mountains. — The  provision  herein  relating  to 
discovery  shafts  shall  not  apply  to  any  mining  location  west  of  the 
summit  of  the  Cascade  Mountains. 

SEC.  10.  Placers. — The  discoverer  of  placer  or  other  forms  of  de- 
posit subject  to  location  and  appropriation  under  mining  Ja\v3  appli- 
cable to  placers  shall  locate  his  claim  in  the  following  manner  : 

First.  He  must  immediately  post  in  a  conspicuous  place  at  the  point 
of  discovery  thereon  a  notice  or  certificate  of  location  thereof,  con- 
taining (a)  the  name  of  the  claim  ;  (b)  the  name  of  the  locator  or  loca- 
tors ;  (c)  the  date  of  the  discovery  and  posting  of  the  notice  hereinbe- 
fore provided  for,  which  shall  be  considered  as  the  date  of  the  location; 
(d)  a  description  of  the  claim  by  reference  to  legal  subdivisions  of  sec- 
tions, if  the  location  is  made  in  conformity  with  the  public  surveys, 
otherwise  a  description  with  reference  to  some  natural  object  or  per- 
manent monument  as  will  identify  the  claim,  and  where  such  claim  is 
located  by  legal  subdivisions  of  the  public  surveys,  such  location  shall, 
notwithstanding  that  fact,  be  marked  by  the  locator  upon  the  ground 
the  same  as  the  other  locations. 

Second.  Within  thirty  (30)  days  from  the  date  of  such  discovery,  he 
must  record  such  notice  or  certificate  of  location  in  the  office  of  the 
auditor  of  the  county  in  which  such  discovery  is  made,  and  so  dis- 
tinctly mark  his  location  on  the  ground  that  its  boundaries  may  be 
readily  traced. 

Third.  Within  sixty  (60)  days  from  the  date  of  the  discovery,  the 
discoverer  shall  perfoim  labor  upon  such  location  or  claim  in  develop- 
ing the  same  to  an  amount  which  shall  be  equivalent  in  the  aggregate 


STATE  AND  TERRITORIAL  MINING  LAWS.  I47 

to  at  least  ten  (10)  dollars'  worth  of  such  labor  for  each  twenty  acres, 
or  fractional  part  thereof  contained  in  such  location  or  claim. 

Fourth.  Such  locator  shall,  upon  the  performance  of  such  labor,  file 
with  the  auditor  of  the  county  an  affidavit  showing  such  performance, 
and  generally  the  nature  and  kind  of  work  so  done. 

SEC.  n.  Evidence — The  affidavit  provided  for  in  the  last  section, 
and  the  aforesaid  placer  notice  or  certificate  of  location,  when  filed  for 
record  shall  be  prima  facie  evidence  of  the  facts  therein  recited.  A 
copy  of  such  certificate,  notice  or  affidavit  certified  by  the  county 
auditor  shall  be  admitted  in  evidence  in  all  actions  or  proceeding  with 
the  same  effect  as  the  original,  and  the  provisions  of  sections  six  (6) 
and  seven  (7)  of  this  Act  shall  apply  to  placer  claims  as  well  as  lode 
claims. 

SEC.  12.  Future  Locations. — All  locations  of  quartz  or  placer  for- 
mations or  deposits  hereafter  made  shall  conform  to  the  requirements 
of  this  Act  in  so  far  as  the  same  are  respectively  applicable  thereto. 

SEC.  13.  Mining  Districts. — Any  mining  district  organized  in 
the  State  of  Washington  in  accordance  with  the  laws  of  the  United 
States,  shall  have  power  to  make  rules  and  regulations  for  such  mining 
district,  providing  such  rules  and  regulations  do  not  conflict  with  the 
laws  of  the  State  of  Washington  or  of  the  United  States. 

SEC.  14.  Road  Building. — Any  mining  district  shall  have  the 
power  to  make  road  building  to  mining  claims  within  such  district 
applicable  as  assessment  work,  or  improvement  upon  such  claims  : 
Provided,  That  rules  pertaining  to  such  road  building  shall  be  made 
only  at  a  public  meeting  of  the  miners  of  such  district  regularly  called 
by  the  mining  recorder  of  such  district :  Provided  further,  That  such 
meeting  shall  be  attended  by  at  least  twelve  (12)  property  holders  of 
such  district,  and  that  no  such  rule  can  be  made  without  the  assent  of 
the  majority  of  the  property  holders  of  such  district,  who  are  present 
at  such  meeting.  Such  meeting  to  designate  where,  when  and  how 
such  road  work  shall  be  done,  and  shall  designate  some  one  of  their 
number  who  shall  superintend  such  road  building  or  construction,  and 
who  shall  receipt  for  such  labor  to  the  performer  thereof,  such  receipts 
to  be  filed  with  the  county  auditor  of  the  county  in  which  such  work 
is  performed  by  the  holder  or  holders  of  such  receipts,  and  shall  be 
received  as  prima  facie  evidence  of  labor  performed  as  annual  assess- 
ment work  upon  such  claim  or  claims,  as  may  be  designated  by  an 
affidavit  or  oath  of  labor  as  provided  for  in  section  six  (6)  of  this  Act : 
Provided,  That  nothing  in  this  Act  can  be  construed  as  being  manda- 
tory upon  any  owner  or  holder  of  mining  property  to  perform  labor 
upon  any  such  road. 

Approved  March  8,  1899. 

Session  Laws,  1899,  p.  69. 

To  Permit  Indians  to  Sell  Property. 

SECTION  i.  Alienation  of  Real  Estate.— Any  Indian  who  owns 
within  this  State  any  land  or  real  estate  allotted  to  him  by  the  govern- 
ment of  the  United  States,  may,  with  the  consent  of  Congress,  either 
special  or  general,  sell  and  convey  by  deed  made,  executed  and 
acknowledged  before  any  officer  authorized  to  take  acknowledgments 


I48  STATE  AND  TERRITORIAL  MINING  LAWS. 

to  deeds  within  this  State,  any  stone,  mineral,  petroleum  or  timber 
contained  on  said  land,  or  the  fee  thereof,  and  such  conveyance  shall 
have  the  same  effect  as  a  deed  of  any  other  person  or  persons  within 
this  State  ;  it  being  the  intention  of  this  Act  to  remove  from  Indians 
residing  in  this  State  all  existing  disabilities  relating  to  alienation  of 
their  real  estate. 

Approved  March  13,  1899. 

Session  Laws,  1899,  page  155. 

Right  of  Way  for  Ditches,  Canals  and  Flumes. 

SECTION  i.  Water — Public  Use. — That  any  person,  corporation 
or  association  of  persons  is  entitled  to  take  from  the  natural  streams  or 
lakes  in  this  State  water  for  the  purposes  of  irrigation  and  mining,  not 
theretofore  appropriated  or  subject  to  rights  existing  at  the  time  of  the 
adoption  of  the  constitution  of  this  State,  subject  to  the  conditions  and 
regulations  imposed  by  law :  Provided,  that  the  use  of  water  at  all 
times  shall  be  deemed  a  public  use,  and  subject  to  condemnation  as 
may  from  time  to  time  be  provided  for  by  the  Legislature  of  this  State. 

SEC.  2.  Riparian  Owners. — All  persons  who  claim,  own  or  hold 
possessory  right  or  title  to  any  land,  or  parcel  of  land,  or  mining 
claim,  within  the  boundaries  of  the  State  of  Washington,  when  such 
lands,  mining  claims  or  any  part  of  the  same  are  on  the  banks  of  any 
natural  stream  of  water,  shall  be  entitled  to  the  use  of  any  water  of 
said  stream  not  otherwise  appropriated  for  the  purposes  of  mining  and 
irrigation  to  the  full  extent  of  the  soil  for  agricultural  purposes. 

SEC.  3.  Right  of  Way. — When  any  person  owning  claims,  lands 
or  mining  claims,  as  specified  in  the  foregoing  section,  is  not  a  riparian 
proprietor,  or  being  such  has  not  sufficient  frontage  on  said  stream, 
lake,  artificial  stream,  ditch  or  reservoir,  to  obtain  a  sufficient  flow  of 
water  to  irrigate  his  land  or  use  on  his  mining  claim,  he  shall  be  entitled 
to  the  right  of  way  through  the  farms  or  tracts  of  lands  or  other  min- 
ing claims  which  lie  between  him  and  said  stream,  lake,  artificial 
stream,  ditch  or  reservoir,  or  the  farms,  tracts  of  lands  or  mining 
claims  which  lie  above  and  below  him  on  said  stream,  lake,  artificial 
stream,  ditch  or  reservoir. 

SEC.  4.  Extent  of  Right  of  "Way. — Such  right  of  way  shall  ex- 
tend only  to  a  ditch  sufficient  for  the  purpose  required,  together  with 
the  right  of  ingress  and  egress  to  construct,  maintain  and  repair  the 
same ;  and  whenever  any  person  or  persons  find  it  necessary  to  convey 
water  for  the  purposes  of  irrigation  or  mining  through  the  improved  or 
occupied  lands  of  another,  he  or  they  shall  select  for  the  line  of  such 
ditch  through  such  property  the  shortest  and  most  direct  route  practi- 
cable upon  which  can  be  constructed  with  uniform  or  nearly  uniform 
grade,  and  discharging  the  water  at  a  point  where  it  can  be  conveyed 
to  and  used  upon  the  land  or  lands  or  mining  claim  of  the  person  or 
persons  constructing  such  ditch,  canal  or  works. 

SEC.  5.  Condemnation  of  Right  of  Way. — Upon  the  refusal  of 
the  owner  of  the  lands,  lessees,  or  those  in  possession,  through  which 
it  is  proposed  to  run  said  canal,  ditch  or  works  to  permit  the  passage 
of  the  same  through  their  property,  the  person  or  persons  desiring  the 
right  of  way  for  such  ditch,  canal  or  works,  may  proceed  to  condemn 
and  take  the  right  of  way  therefor  as  hereinafter  provided. 


STATE  AND  TERRITORIAL  MINING  LAWS.  I49 

SEC.  6.  Condemnation  Proceeding. — In  case  of  the  refusal  of 
the  owners  or  claimants  of  any  lands  or  mining  claims  through  which 
such  ditch,  canal  or  other  works  are  proposed  to  be  made  or  con- 
structed, to  allow  the  right  of  way  or  the  passage  thereof,  the  persons, 
company  or  corporation  desiring  the  right  of  way  shall  file  in  the 
superior  court  of  the  county,  a  complaint  describing  ,the  land  or  min- 
ing claim  to  be  crossed,  the  size  of  the  ditch,  canal  or  works,  the 
quantity  of  land  required  to  be  taken,  and  the  value  of  the  land  and 
damages  to  the  property,  setting  forth  the  names  of  the  owners  or  re- 
puted owners  or  parties  interested  in  the  lands  to  be  crossed,  and 
praying  that  the  right  of  way  be  granted.  A  summons  shall  issue  and 
be  served  on  all  parties  interested,  as  in  all  other  cases  of  civil  nature. 
In  case  the  defendant  fails  to  appear,  the  court  shall,  when  the  cause 
shall  come  on  to  be  heard,  impanel  a  jury  in  the  cause,  and  they  shall 
determine  the  value  of  the  land  occupied  by  said  ditch,  canal  or  works 
and  the  damages,  and,  upon  the  return  of  the  verdict,  the  court  shall 
enter  a  decree,  directing  that  the  right  of  way  for  the  ditch,  canal  or 
works  be  established  according  to  the  description  in  the  complaint, 
and  that  the  plaintiff  shall  pay  to  the  clerk  of  the  court  the  full  amount 
of  the  value  of  the  land  and  damages  found  by  the  jury,  before  the 
plaintiff  shall  begin  work  on  said  ditch,  canal  or  works. 

SEC.  7.  Defendant's  Allegations. — That  whenever  the  defendant 
shall  appear  in  the  cause,  he  shall  allege  in  his  answer  the  value  of  the 
land  proposed  to  be  used  by  said  ditch,  canal  or  works,  and  the  jury 
shall  determine  the  value,  and  the  proceedings  shall  be  had  as  in  the 
preceding  sections  :  Provided,  that  plaintiff  shall  not  be  required  to  re- 
ply to  the  answer  of  the  defendant,  but  the  sole  issue  to  be  determined 
by  the  jury  shall  be  the  value  of  the  land  to  be  occupied  by  said  ditch, 
canal  or  works,  and  the  damages  thereto. 

SEC.  8.  Definitions. — The  word  person,  whenever  used  in  this 
Act,  shall  be  construed  to  mean  either  a  natural  person,  an  associa- 
tion, or  corporation,  and  the  word  he  shall  be  construed  to  mean  she, 
it,  or  they,  and  the  word  ditch  shall  be  construed  to  include  and  mean 
dike,  flume-way  and  irrigating  canal. 

SEC.  9.  Liberal  Construction. — The  provisions  of  this  Act  shall 
be  liberally  construed  so  that  the  ultimate  object  and  the  intent  of  this 
Act  shall  be  fully  carried  out. 

Approved  March  14,  1899. 

Session  Laws,  1899,  page  261. 

Leasing  of  Mineral  Lands  Belonging  to  the  State. 

SECTION  i.  Contract. — That  Section  6  of  an  Act  entitled  "An 
Act  to  regulate  the  leasing  of  mineral  lands  belonging  to  the  State  of 
Washington,  and  declaring  an  emergency,"  approved  March  17,  1897, 
be  amended  to  read  as  follows  : 

Section  6.  At  any  time  prior  to  the  expiration  of  said  lease,  the 
lease  holder,  or  any  assignee  thereof,  shall  have  the  right  to  obtain 
from  the  said  Commissioner  of  Public  Lands  a  contract  which  shall 
bind  the  State  of  Washington,  as  the  party  of  the  first  part,  and  the 
person,  persons  or  corporations  to  whom  said  contract  shall  issue  as  the 
party  of  the  second  part,  in  a  mutual  observance  of  the  obligations  and 


1 5o  STATE  AND  TERRITORIAL  MINING  LAWS. 

conditions  as  specified  therein  (the  contract  provided  for  in  this  Act 
shall  be  as  follows)  : 

"  This  identure,   made   this    ....  day   of A.    D.    one    thousand 

eight  hundred  and ,  by  and   between  the  State  of  Washington,  party  of 

the  first  part,  and  ...  ,  party  of  the  second  part, 

Witnesseth,  that  the  party  of  the  first  part,  in  consideration  of  the  sum  of  ten  dol- 
lars to  it  in  hand  paid  by  the  party  of  the  second  part,  being  the  first  annual  payment 
as  provided  for  in  Chapter  102,  Section  7,  of  the  Session  Laws  of  1897,  the  receipt 
whereof  is  hereby  acknowledged,  and  in  turther  consideration  of  the  covenants  and 
conditions  herein  contained,  to  be  kept  and  performed  by  the  part  ....  of  the 
second  part,  does  hereby  contract,  lease  and  demise  to  the  part  .  .  .  .  of  the  second 
part  for  a  term  of  thirty  years  from  and  after  the  .  .  day  of  .  .  .  .  .  ,  one  thous- 
and eight  hundred  and the  following  described  land  situated  in  the 

county  of in  the  State  of  Washington,  viz.: 

,  which  premises  are  leased  to  the 

part  .  .  .  .  of  the  second  part  for  the  purposes  of  exploring  for,  mining,  taking  out 
and  removing  therefrom,  the  merchantable  shipping  ore,  containing  ore,  lead,  silver, 
gold  and  other  minerals,  which  is  or  which  hereafter  may  be  found  on,  in  or  under 
said  land,  together  with  the  right  to  construct  all  buildings,  make  all  excavations, 
openings,  ditches,  drains,  railroads,  wagon  roads,  smelters  and  other  improvements 
upon  said  premises,  which  are  or  may  become  necessary  or  suitable  for  the  mining  or 
removal  of  ore  containing  copper,  lead,  silver,  gold  or  other  minerals  from  said  prem- 
ises, with  the  right,  during  the  existence  of  this  lease,  to  cut  and  use  the  timber  .found 
upon  said  premises  for  fuel,  and  so  far  also  as  may  be  necessary  for  the  construction 
of  buildings  required  in  the  operation  of  any  mine  or  mines,  on  the  premises  hereby 
leased,  as  also  the  timber  necessary  for  drains,  tramways  and  supports  for  such  mine 
or  mines :  Provided,  however,  that  the  part  ...  of  the  second  part  shall  have  the 
right  at  any  time  to  terminate  this  agreement  in  so  far  as  it  requires  the  part  ...  of 
the  second  part  to  mine  ore  on  said  lands,  or  to  pay  a  royalty  therefor,  by  giving 
written  notice  to  the  party  of  the  first  [part],  which  shall  be  served  by  leaving  the 
same  with  the  Commissioner  of  Public  Lands,  who  shall  officially,  in  writing,  acknowl- 
edge the  receipt  of  said  notice,  and  the  foregoing  lease  shall  terminate  sixty  days 
thereafter,  and  all  arrearages  and  sums  which  may  be  due  under  the  same  up  to  the 
time  of  its  termination  as  set  forth  in  said  notice,  shall  be  paid  upon  settlement  and 
adjustment  thereof.  The  party  of  the  first  part  further  agrees  that  the  part  ...  of 
the  second  part  shall  have  the  right  under  this  agreement  to  contract  with  others  to 
work  such  mine  or  mines,  or  any  part  thereof,  or  to  sub  contract  the  same,  and  the  use 
of  the  said  land  or  any  part  thereof,  for  the  purpose  of  mining  for  ore,  with  the  same 
rights  and  privileges  as  are  herein  granted  to  the  said  part  ...  of  the  second  part.' 

Approved  March  18,  1899 
Sessions  Laws,  1899,  page  337. 


STATE  AND  TERRITORIAL  MINING  LAWS.  151 

WYOMING-. 

Development  of  Mining  Resources. 

AN  ACT  to  provide  for  the  development  of  the  Mining  Resources  of  tfu 
Territory  of  Wyonting. 

Be  it  enacted  by  the  Council  and  House  of  Representatives  of  the  Terri- 
tory of  Wyoming : 

SECTION  i. — Expenditure — Abandonment. — Any  person  or  per- 
sons who  shall  have  performed  work  or  made  improvements  or  expen- 
ditures to  the  amount  of  one  thousand  dollars  on  any  lead,  lode,  or 
ledge,  the  same  shall  not  be  subject  to  relocation  under  the  laws  of  this 
Territory ;  Provided,  That  such  quartz  claim  or  claims  shall  not  be 
abandoned,  but  shall  be  represented  by  the  person  or  persons  owning 
such  claim  or  claims,  or  by  his  or  their  agent  or  attorney,  who  shall  re- 
side within  the  district  in  which  such  claim  or  claims  may  be  situated, 
unless  driven  from  said  district  by  Indians.  [See  United  States  Law.] 

SEC.  2. — Salting  Mines  or  Ores. — Any  person  or  persons  who 
shall  defraud,  cheat,  or  swindle  any  party  or  parties  by  what  is  known 
as  "  salting,"  that  is,  by  placing  or  causing  to  be  placed  in  any  placei 
or  quartz  claim,  or  dirt,  gravel,  or  quartz  contained  therein,  any  gold, 
silver,  or  metals,  or  minerals  which  would  prove  to  be  a  misrepresenta- 
tion, thereby  working  injury  or  loss  to  any  party  or  parties,  shall  be 
deemed  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  to  exceed  five  thousand  dollars  and  not  less  than  fifty 
dollars,  together  with  the  cost  of  prosecution,  and  may  be  imprisoned 
in  the  territorial  penitentiary  not*  more  than  three  years  or  less  than 
thirty  days,  or  both  such  fine  and  imprisonment. 

SEC.  3. — Delinquent  Co- Owners. — When  parties  owning  in  part- 
nership any  claim  or  claims,  or  any  lead,  lode,  or  ledge,  or  any  one  of 
the  parties  so  owning,  shall  fail  to  perform  his  or  her  portion  of  the 
work,  for  the  period  of  eight  months,  or  pay  the  reasonable  assessment 
for  the  same  when  said  claim  is  being  worked  in  accordance  with  the 
expressed  wish  of  a  majority  of  the  persons  owning  such  claim,  it  may 
be  sold  to  pay  such  assessment  by  the  person  or  persons  to  whom  such 
assessment  may  be  due,  by  giving  thirty  days'  notice,  published  in  the 
nearest  newspaper,  and  by  posting  notice  for  thirty  days  on  such  claim, 
giving  the  amount  of  assessment  due,  date  of  notice,  and  date  of  sale. 
[See  United  States  Law.] 

SEC.  4. — Exception  to  Residents. — The  provision  of  the  forego- 
ing section  shall  not  apply  to  persons  residing  within  the  district  in 
which  his  or  her  property  is  situated. 

SEC.  5. — Redemption  of  Sold  Interest. — Any  property  sold  to 
pay  assessments  may  be  redeemed  within  the  period  of  six  months  by 
the  person  or  persons  formerly  owning  such  property,  or  by  his  or  her 
agents,  heirs,  or  attorneys,  by  paying  the  cost  of  advertising  and  sale, 
together  with  the  assessments  due,  and  ten  per  cent,  upon  all  purchase- 
money  for  the  same. 

SEC.  6. — Repeal  Provision. — All  acts  and  parts  of  acts  conflicting 
with  this  act  be,  and  the  same  are,  hereby  repealed. 


152  STATE  AND  TERRITORIAL  MINING  LAWS. 

SEC.  7. — When  to  Take  Effect. — This  act  shall  take  effect  and  b*> 
in  force  from  and  after  its  passage. 
Approved  Decembei  i6th,  1871. 
Laws  of  1871,  p.    114. 

Miners'  Liens. 

SEC.  i. — When  Created. — That  every  miner  or  other  person,  who, 
at  the  request  of  the  owner  of  any  ledge  or  lode  of  quartz  bearing 
gold,  silver,  cinnabar,  or  copper,  or  of  any  coal  bank  or  mine,  shall 
work  in  or  upon  such  mine  or  bank,  shall  have  a  lien  upon  such  vein 
or  lode,  mine  or  bank,  to  the  amount  due  at  any  time  when  a  demand 
shall  be  made  upon  such  owner,  or  his  or  their  agent,  for  money  due 
for  such  labor,  and  payment  shall  be  refused. 

SEC.  2. — Materials. — That  any  person  who  shall  labor  as  a  me- 
chanic, or  otherwise,  or  who  shall  furnish  timber,  lumber,  rope,  nails, 
or  any  other  material  for  timbering  shafts  [or]  levels  for  the  mine,  who 
shall  furnish  any  kind  of  materials  for  erecting  windlass,  whim,  or  other 
hoisting  apparatus  upon  any  vein,  mine,  or  coal  bank,  referred  to  in  the 
first  section,  shall  also  have  a  lien  upon  the  mine  or  coal  bank  for 
which  he  furnished  such  materials,  or  upon  which  he  performed  such 
labor. 

SEC.  3. — Manner  of  Proceeding. — The  party  seeking  a  lien  shall 
proceed,  so  far  as  the  proceedings  are  applicable  in  the  same  manner,  to 
enforce  a  lien  as  by  law  required  in  the  case  of  mechanics  and  other 
persons  seeking  to  enforce  a  lien  upon  dwelling-houses  and  other  build 
ings,  except  when  other  provisions  are  made  by  this  Act. 

SEC.  4. — Notice  How  and  When  Filed. — When  any  sum  ex 
ceeding  ten  dollars  for  labor  performed  by  any  miner  or  other  person 
upon  or  in  any  mine  or  coal  bank  specified  in  section  one  of  this  Act, 
shall  be  due  and  unpaid  for  ten  days*  it  shall  be  competent  for  the  per- 
son or  persons  to  whom  such  sum  of  money  shall  be  due,  to  file  a  notice 
in  the  office  of  county  recorder  in  the  county  where  such  mine  is  situ 
ated,  at  any  time  within  thirty  days  after  the  last  day  upon  which  work 
was  done  by  him ;  which  said  notice  shall  in  substance  set  forth  the  fact 
that  the  party  performed  labor  (naming  the  kind)  for  a  party  or  com- 
pany (naming  the  party  or  company),  that  such  labor  was  performed 
under  a  contract  (stating  the  substance)  ;  also,  the  time  when  the  party 
commenced  and  when  he  ceased  to  work,  the  amount  still  due  and  un 
paid,  together  with  a  description  of  the  mine  or  coal  bank  upon  which 
such  work  was  performed,  which  statement  shall  be  verified  by  the  affi- 
davit of  the  party  so  filing  it,  and  when  filed,  the  county  recorder  shall 
record  the  same  in  a  "  lien-book,"  the  same  as  required  in  the  case  of 
mechanics'  notices  of  liens. 

SEC.  5. — Materials  Furnished. — The  provisions  of  the  next  pre- 
ceding section  shall  apply  to  persons  who  shall  furnish  materials  or 
work  upon  any  shaft,  whim,  or  other  hoisting  works,  who,  by  comply- 
ing with  the  general  provisions  of  such  section,  shall  have  a  like  lien. 

SEC.  6.— Lien  Holds  Against  Purchasers. — When  notices  as 
provided  in  the  next  two  preceding  sections  shall  be  filed,  the  lien 
shall  hold  not  only  against  the  owner  of  the  mine  or  bank,  from  the 
time  when  the  miner  or  other  person  began  work,  but  against  all  per- 
sons or  company  who  shall  have  purchased  such  mine  or  coal  bank 


STATE  AND  TERRITORIAL  MINING  LAWS.  153 

while  such  miner  or  other  person  was  employed  therein,  or  furnished 
naterials  used  therein  or  thereon. 

SEC.  7. — When  Suit  May  Be  Commenced. — Suit  to  enforce 
such  lien  may  be  commenced  at  any  time  within  one  year  after  filing 
such  notice. 

SEC.  8. — Oil  Well  or  Spring. — Any  owner  of  any  oil  well  or 
spring  who  shall  employ  any  person  to  perform  any  work  of  any  kind 
around  or  about  any  oil  well  or  spring,  either  in  building  derricks, 
buildings,  or  any  kind  of  machinery,  or  in  boring  or  drilling,  shall  be 
deemed  within  the  provisions  of  this  Act ;  and  all  persons  performing 
labor  or  furnishing  materials,  shall  have  like  liens  upon  oil  territory 
upon  which  he  labored,  or  for  which  he  furnished  materials  or  the  im- 
provements thereon,  as  miners  or  other  laborers  upon  or  in  mines  as 
provided  in  this  Act,  and  shall  proceed  in  the  same  manner  to  enforce 
a  lien. 

SEC.  9.— Takes  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  December  2d,  1869. 

Laws  of  1869,  p.  404. 

Mining  Resources. 

AN  ACT  to  amend  an  act  entitled  "An  Act  to  provide  for  the  development 

of  the  mining  resources  of  the  Territory  of  Wyoming" 

Be  it  enacted,. etc. 

SECTION  i. — That  section  one  of  an  act  entitled  "An  Act  to  provide 
for  the  development  of  the  mining  resources  of  the  Territory  of  Wyom- 
ing," approved  i6th  December,  1871,  be  and  the  same  is  hereby 
amended  as  follows:  By  inserting  the  words  "or  placer  claims"  after 
the  word  "ledge"  in  the  third  line  of  said  section,  also  by  inserting 
the  words  "or  placer"  after  the  word  "quartz"  in  the  fifth  line  of  the 
said  section,  as  said  section  is  printed  in  the  Compiled  Laws  of  Wyoming. 

SEC.  2. — That  section  three  of  the  said  act  be  and  the  same  is  hereby 
amended  by  striking  out  the  word  "thirty"  in  the  eighth  line  of  said 
section,  and  inserting  the  word  "ninety"  instead  in  said  eighth  line  as 
printed  in  the  Compiled  Laws  of  Wyoming. 

SEC.  3. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  10,  1882. 

[Laws  of  1882.     p.  156.] 

Mining  Districts— Laws  Relating  Thereto. 

AN  ACT  to  provide  for  the  preservation  of  the  records,  laws  and  proceed- 
ings of  mining  districts,  and  their  use  as  evidence. 

Be  it  enacted,  etc. 

SECTION  i. — That  a  copy  of  all  the  records,  laws  and  proceedings  of 
each  mining  district,  so  far  as  they  relate  to  lode  claims,  shall  be  filed  in 
the  office  of  the  Register  of  Deeds  of  the  county  in  which  the  district  is 
situated,  within  the  boundaries  attached  to  the  same,  which  shall  be 
taken  as  evidence  in  any  court  having  jurisdiction  in  the  matters  con- 
cerned in  such  record  or  proceeding;  and  all  such  records  of  deeds  and 
conveyances,  laws  and  proceedings  of  any  mining  district  heretofore  filed 
in  the  register's  office  of  the  proper  county,  and  transcripts  thereof  duly 


154  STATE  AND  TERRITORIAL  MINING  LAWS. 

certified,  whether  such  record  relate  to  gulch  claims,  lode  claims,  build- 
ing lots,  or  other  real  estate,  shall  have  the  like  effect  in  evidence. 

SEC.  2. — It  shall  be  the  duty  of  the  Recorder  of  each  mining  district  to 
file  copies  as  above  provided,  and  reasonable  fees  therefor  may  be  pro- 
vided by  the  several  mining  districts. 

SEC.  3. — This  act  shall  take  effect  from  and  after  its  passage. 

Approved  November  26,  1879. 

rLaws  of  1879.     P-  XI5-] 

Preservation  of  Records. 

AN  ACT  to  amend  an  act  entitled  "An  Act  to  provide  jor  tne  preservation 

of  the  records,  laws,  and  proceedings  of  mining  districts  and  their  use 

in  evidence." 

Be  it  enacted,  etc, 

SECTION  i. — That  section  one  of  an  act  entitled  "An  Act  to  provide 
for  the  preservation  of  the  records,  laws  and  proceedings  of  mining 
districts  and  their  use  in  evidence,"  approved  November  26th,  1879, 
be  and  the  same  is  hereby  amended  by  striking  out  of  the  second  and 
third  lines  thereof,  as  they  appear  in  the  Session  Laws  of  1879, tne  words 
"so  far  as  they  relate  to  lode  claims,"  and  that  said  section  one  be 
further  amended  by  adding  thereto  the  words  as  follows:  "Such  copies 
of  records,  laws  and  proceedings,  shall  be  filed  in  the  office  of  the  said 
Register  of  Deeds  by  the  recorder  of  each  mining  district  within  thirty 
days  after  the  organization  of  each  new  mining  district,  and  there  shall 
be  filed  in  the  office  of  the  said  Register  of  Deeds  by  the  said  recorder, 
during  the  first  week  of  each  month,  complete  copies  of  all  the  records, 
laws  and  proceedings  made,  enacted  and  had  in  each  mining  district 
during  the  preceding  month. 

SEC  2. — This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  9,  1882. 

[Laws  of  1882.     p.  157. 

Location  and  Extent  of  Mining  Claims. 

SEC.  i.  Length  of  Lode. — That  hereafter,  the  length  of  any 
lode  mining  claim  located  within  this  Territory,  shall  not  exceed 
fifteen  hundred  feet  along  such  lode  or  vein. 

SEC.  2.  Width  of  Lode. — That  the  width  of  any  lode  claim 
located  in  this  Territory  shall  not  exceed  three  hundred  feet  on  each 
side  of  such  lode,  veins  or  crevices;  the  measurement  thereof  to  ex- 
tend from  the  center  of  the  discovery  shaft  of  such  lode,  vein  or 
crevice. 

SEC.  3. — Record  of  Claim. — A  discoverer  of  any  mineral  lode 
shall,  within  three  months  from  the  date  of  such  discovery,  record  his 
claim  in  the  office  of  the  recorder  of  deeds  of  the  county  in  which 
such  mineral  claim  is  situated,  by  a  "location  certificate,"  which 
shall  contain: 

First.  The  name  of  the  lode  claim. 

Second.  The  name  of  the  locator. 

Third.  The  date  of  the  location. 

Fourth.  The  dimensions,  in  feet,  claimed  on  each  side  of  the  dis- 
covery shaft. 

Fifth.  The  general  course  of  the  lode,  as  near  as  known. 


STATE  AND  TERRITORIAL  MINING  LAWS. 


'55 


SEC.  4.  Void  Certificate.— Any  certificate  of  the  location  of 
a  lode  claim  which  shall  not  fully  contain  all  the  requirements 
named  in  the  preceding  section,  together  with  such  other  description 
as  shall  identify  the  lode  or  claim  with  reasonable  certainty,  shall  be 
void. 

SEC.  5.  Designation  of  Location. — Before  the  filing  of  a  loca- 
tion certificate  the  discoverer  of  any  lode,  vein  or  fissure,  shall  desig- 
nate the  location  thereof,  as  follows: 

First.  By  sinking  a  shaft  upon  the  discovered  lode  or  fissure  to  the 
depth  of  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the 
surface. 

Second.  By  posting  at  the  point  of  discovery,  on  the  surface,  a 
plain  sign  or  notice,  containing  the  name  of  the  lode  or  claim,  the 
name  of  the  discoverer  and  locator,  and  date  of  such  discovery. 

Third.  By  making  the  surface  boundaries  of  the  claim,  which  shall 
be  marked  by  six  substantial  posts  hewed  or  marked  on  the  side  or 
sides  which  face  in  toward  the  claim  and  sunk  in  the  ground,  one  at 
each  corner,  and  one  at  the  center  of  each  side  line.  Where  bed-rock 
renders  it  impossible  to  thus  sink  such  stakes,  they  may  be  placed 
within  a  pile  of  stones;  and  when  thus  marking  the  boundaries  of  a 
claim,  if  any  one  or  more  of  such  posts  shall  fall,  by  necessity,  upon 
precipitous  ground,  where  the  proper  placing  of  it  is  impracticable  or 
dangerous  to  life  or  limb,  it  shall  be  lawful  to  place  any  such  post 
at  the  nearest  point,  properly  marked  to  designate  its  right  place ; 
Provided,  That  no  right  to  such  lode  or  claim,  or  its  possession 
and  enjoyment,  shall  be  given  to  any  person  or  persons  unless  such 
person  or  persons  shall  discover  in  said  shaft  mineral-bearing  rock  in 
place. 

SEC.  6.  Adit — Cut  or  Tunnel. — That  any  open  cut,  or  cross  cut, 
or  tunnel  which  shall  cut  a  lode  at  the  depth  of  ten  feet  at  least  below 
the  surface,  shall  hold  such  lode  the  same  as  if  a  discovery  shaft  were 
sunk  thereon,  or  an  adit  of  not  less  than  ten  feet  along  the  lode  from 
the  points  where  such  lode  may  be  in  any  manner  discovered,  shall  be 
equivalent  to  a  discovery  shaft. 

SEC.  7.  Shaft  in  Ninety  Days. — The  discoverer  of  any  mineral 
lode  or  vein  in  this  Territory  shall  have  the  period  of  ninety  days  from 
the  date  of  discovering  such  lode  or  vein  in  which  to  sink  a  shaft 
thereon. 

SEC.  8.  Extent  of  Claim. — That  the  location  of  any  lode,  claim, 
or  location  certificate  thereof,  shall  be  construed  to  include  all  surface 
ground  within  the  surface  limits  thereof,  and  that  all  lodes  and  ledges 
throughout  their  entire  depth,  the  upper  limits  of  which  lie  within  the 
defined  surface  lines  of  such  claim,  extended  downward  vertically, 
with  such  parts  of  all  lodes  or  ledges  as  continue  by  dip  beyond  the 
side  lines  of  the  claim ;  but  shall  not  include  any  portion  of  such  lode 
or  ledges  beyond  the  end  lines  of  the  claim,  or  beyond  the  side  lines 
of  the  claim,  in  any  other  manner  than  by  the  dip  of  the  lode  or 
ledge.  If  the  upper  limit  or  top  of  a  lode  in  its  longitudinal  course 
extend  beyond  the  exterior  end  lines  of  the  claim  at  any  point  on  the 
mrface,  or  as  extended  vertically  downward,  such  lode  shall  not  be 
bllowed  in  its  longitudinal  course  beyond  the  point  where  it  is  inter- 
sected by  the  end  lines. 


IS6  STATE  AND  TERRITORIAL  MINING  LAWS. 

Placer  Claims. 

SEC.  9.  Record  of  Placers. — That  hereafter  the  discoverer  of 
any  placer  claim  shall,  within  ninety  days  from  the  date  of  such  dis- 
covery, record  such  claim  within  the  office  of  the  Recorder  of  Deeds 
of  the  County  within  which  such  claim  may  exist,  by  a  location  cer 
tificate  which  shall  contain  the  following  facts : 

First.  The  name  of  the  claim,  designating  it  as  a  placer  claim. 

Second.  The  name  or  names  of  the  locator  or  locators  thereof. 

Third.  The  date  of  such  location. 

Fourth.  The  number  of  feet  or  acres  thus  claimed. 

Fifth.  A  description  of  the  claim  by  such  designation  of  natural  or 
fixed  monuments  as  shall  identify  the  claim  beyond  question.  Pro- 
vided, That  if  the  United  States  survey  has  been  extended  o.ver  said 
lands,  then  the  claim  or  claims  shall  be  taken  by  legal  subdivision, 
and  no  other  monuments  shall  be  required  than  the  United  States  cor- 
ners. Before  filing  such  location  certificate  the  discoverer  shall  locate 
his  claim — 

First.  By  securely  fixing  upon  such  claim  a  notice  in  plain  painted, 
printed  or  written  letters,  containing  the  name  of  the  claim,  the  name 
of  the  locator,  the  date  of  the  discovery  of  such  claim,  and  the  num- 
ber of  feet  or  acres  thus  claimed. 

Second.  By  designating  the  surface  boundaries  by  substantial  posts, 
one  at  each  corner  of  the  claim.  In  localities  where  timber  cannot 
be  found,  or  where  such  corners  or  angles  are  of  rocky  surface,  such 
monuments  may  consist  of  mounds  of  stone  three  feet  high  and  three 
at  the  base. 

SEC.  10.  Annual  Expenditure. — On  every  placer  claim  of  one 
hundred  and  sixty  acres,  heretofore  or  hereafter  located  in  this  Terri- 
tory, not  less  than  one  hundred  dollars'  worth  of  manual  labor  shall 
be  performed,  or  permanent  improvements  made  thereon  to  the  same 
amount,  by  the  thirty-first  day  of  December  each  year,  from  the  first 
day  of  January  after  such  location  is  made  until  a  patent  shall  have 
been  issued  therefor.  On  all  placer  claims  containing  less  than  twenty 
acres  the  expenditure  thereon  each  and  every  successive  year  shall  not 
be  less  than  fifteen  dollars;  but  when  two  or  more  placer  claims  lie 
contiguous  and  are  owned  by  the  same  person  or  persons  or  corpora- 
tion, the  yearly  expenditure  of  labor  and  improvements  required  on 
each  of  such  claims  may  be  made  on  any  one  of  such  contiguous 
claims,  if  the  owner  or  owners  shall  thus  prefer ;  but  upon  a  failure  to 
comply  with  these  conditions  within  the  time  above  required,  such 
claim  or  claims  shall  thereafter  be  open  to  relocation  on  and  after  the 
first  day  of  January  of  any  year  after  such  labor  or  improvements  were 
due,  in  the  same  manner  and  on  the  same  terms  as  if  no  location 
thereof  had  ever  been  made;  Provided,  That  the  original  locators, 
their  heirs,  assigns  or  legal  representatives,  have  not  resumed  work 
upon  such  claim  or  claims  after  failure,  and  before  any  subsequent 
location  has  been  made;  and  Provided  further,  That  the  aforesaid 
expenditure  required  to  be  made  upon  such  claim  or  claims  may  be 
made  in  buildings,  ditches  to  conduct  water  upon  or  from  such  claim 
or  claims,  or  in  making  other  mining  improvements  thereon  necessary 
for  the  working  of  such  mining  claim  or  claims.  Upon  the  failure  of 
any  one  or  more  of  several  joint  owners  of  any  mining  claim  in  this 


STATE  AND  TERRITORIAL  MINING  LAWS.  157 

Territory  to  do  and  perform  his  or  their  proportion  of  the  assessment 
labor  or  make  the  improvements  required  by  this  act  upon  his  or  their 
mining  claim  or  claims  within  the  time  herein  required,  shall  forfeit 
his  or  their  right  therein,  and  their  joint  or  co-owners,  who  may  have 
performed  such  assessment  of  labor  or  made  such  required  improve- 
ments on  such  claim  or  claims  within  the  time  required,  to  wit: 
Within  the  year  after  the  thirty-first  day  of  December  after  such  loca- 
tion jvas  duly  made,  and  for  each  succeeding  year,  so  long  as  such 
labor  and  improvements  shall  be  due  under  the  provisions  of  this  act, 
may  succeed  to  the  forfeited  right  and  interest  of  delinquent  joint 
owners,  by  giving  them  personal  notice  in  writing,  or  if  they  be  non- 
residents of  the  Territory,  such  notice  shall  be  by  publication  in  a 
newspaper  issued  nearest  to  such  claim,  once  a  week  for  ninety  succes- 
sive days,  and  by  mailing  each  of  such  delinquent  joint  owner,  or 
owners,  a  copy  of  the  newspaper  containing  such  notice,  if  his  or  their 
address  be  known ;  and  if  after  the  expiration  of  ninety  days  from  the 
day  of  personal  notice,  or  from  the  first  newspaper  publication  afore- 
said, such  delinquent  or  delinquents  should  fail  or  refuse  to  contribute 
his  or  their  proportion  of  assessment  labor  or  improvements  due,  or  a 
money  equivalent  therefor,-  his  or  their  interests  in  such  claim  or  claims, 
shall  become  the  property  of  his  or  their  joint  or  co-owners  who  shall 
have  made  the  expenditure  required  under  this  act.  In  all  such  cases 
a  copy  of  the  last  advertisement  with  the  affidavit  of  the  editor  testi- 
fying to  said  advertisement,  shall  be  recorded  in  the  County  Recorder's 
office  when  such  locations  occur. 

SEC.  ii.  Water  Right. — That  hereafter,  whenever  any  person, 
persons  or  corporation  shall  be  engaged  in  mining  or  milling  in  this 
Territory,  and  in  the  prosecution  of  such  business  shall  hoist  or  bring 
water  from  mines  or  natural  water  courses,  such  person,  persons  or 
corporation  shall  have  the  right  to  use  such  water  in  such  manner, 
direct  it  into  such  natural  course  or  gulch,  as  their  business  interest 
may  require;  Provided,  That  such  diversion  shall  not  infringe  on 
vested  rights.  The  provisions  of  this  section  shall  not  be  construed 
to  apply  to  new  or  undeveloped  mines,  but  to  those  only  which  shall 
have  been  opened  and  require  drainage  or  other  direction  of  water. 

SEC.  12.  Right  of  Way  for  Ditches,  Flumes,  and  Tram- 
ways.— That  all  mining  claims  or  property  now  located,  or  which 
may  hereafter  be  located  within  this  Territory  shall  be  subject  to  the 
right  of  way  of  any  ditch  or  flume  for  mining  purposes ;  or  if  any 
tramway,  pack-trail  or  wagon  road,  whether  now  in  use  or  which  may 
hereafter  be  laid  out  across  any  such  location,  claim  or  property ; 
Provided  always,  That  such  right  of  way  shall  not  be  exercised  against 
any  mining  location,  claim  or  property  duly  made  and  recorded  as 
herein  required,  and  not  abandoned  prior  to  the  establishment  of  any 
such  ditch,  flume,  tramway,  pack-trail  or  wagon-road,  without  the 
consent  of  the  owner  or  owners,  except  in  condemnation,  as  in  the 
case  of  land  taken  for  public  highways.  Consent  to  the  location  of 
the  easements  above  enumerated  over  any  mineral  claim,  location  01 
property  shall  be  in  writing;  and  Provided  further.  That  any  such 
ditch  or  flume  shall  be  so  constructed  that  water  therefrom  shall  not 
injure  vested  rights  by  flooding  or  otherwise. 

SEC.  13.  Surface   Right. — Where  a  mining  right   exists  in  any 


158  STATE  AND  TERRITORIAL  MINING  LAWS. 

case,  and  is  separate  from  the  ownership  or  right  of  occupancy  to  the 
surface,  the  owner  or  occupant  of  .the  surface  may  demand  satisfactory 
security  from  the  miner  or  miners,  and  if  such  security  is  refused,  such 
owner  or  occupant  of  the  surface  may  enjoin  the  miner  or  miners  from 
working  such  mine  until  such  security  is  given.  The  order  for  such 
injunction  shall  fix  the  amount  of  the  bond  therefor. 

SEC.  14.  Additional  Location  Certificate. — Whenever  it  shall 
be  apprehended  by  the  locator,  or  his  assigns,  of  any  mining  claiin  or 
property  heretofore  or  hereafter  located,  that  his  or  their  original  loca- 
tion certificate  was  defective,  erroneous,  or  that  the  requirements  of 
the  law  had  not  been  complied  with  before  the  filing  thereof ;  or  shall 
be  desirous  of  changing  the  surface  boundaries  of  his  or  their  original 
claim  or  location,  or  of  taking  in  any  part  of  an  over-lapping  claim 
or  location  which  has  been  abandoned ;  or  in  case  the  original  certifi- 
cate was  made  prior  to  the  approval  of  this  act,  and  he  or  they  shall 
be  desirous  of  securing  the  benefit  of  this  law,  such  locator  or  locators, 
or  his  or  their  assigns,  may  file  an  additional  location  certificate  in 
compliance  with  and  subject  to  this  act;  Provided,  however,  That 
such  relocation  does  not  infringe  upon  the  rights  of  others  existing  at 
the  time  of  such  relocation,  and  that  no  such  relocation,  or  other 
record  thereof,  shall  preclude  the  claimant  or  claimants  from  proving 
any  such  title  or  titles  as  he  or  they  may  have  held  under  the  previous 
location. 

SEC.  15.  Relocation. — Any  abandoned  lode,  vein  or  strata  claim 
may  be  relocated,  and  such  relocation  shall  be  perfected  by  sink- 
ing a  new  discovery  shaft  and  by  fixing  new  boundaries  in  the 
same  manner  as  provided  for  the  location  of  a  new  claim;  or  the 
relocator  may  sink  the  original  discovery  shaft  ten  feet  deeper  than  it 
was  at  the  time  of  its  abandonment,  and  erect  new  or  adopt  the  old 
boundaries,  renewing  the  posts  if  removed  or  destroyed.  In  either 
event,  a  new  location  stake  shall  be  fixed.  The  location  certificate  of 
an  abandoned  claim  may  state  that  the  whole  or  any  part  of  the  new 
location  is  located  as  an  abandoned  claim. 

SEC.  1 6.  One  Claim. — No  location  certificate  shall  contain  more 
than  one  claim  or  location,  whether  the  location  be  made  by  one  or 
more  locators;  and  any  location  certificate  that  contains  upon  its  face 
more  than  one  location  claim,  shall  be  absolutely  void,  except  as  to  the 
first  location  named  and  described  therein;  and  in  case  that  more  than 
one  claim  or  location  is  described  together,  so  that  the  first  one  cannot 
be  distinguished  from  the  others,  the  certificate  of  location  shall  be 
void  as  an  entirety. 

SEC.  17.  Conspiracy — Misdemeanor. — That  in  all  cases  when 
two  or  more  persons  shall,  through  collusion  or  otherwise,  associate 
themselves  together  for  the  purpose  of  obtaining  the  possession  of  any 
lode,  gulch,  placer,  or  other  mineral  claim  or  mining  property  within 
this  Territory,  then  in  the  actual  possession  of  another  or  others,  by 
force  and  violence,  or  threats  of  violence,  or  by  stealth,  and  shall  pro 
ceed  to  carry  out  such  purpose  by  making  threats  to  and  against  the 
party  or  parties  in  possession ;  or  who  shall  enter  upon  such  lode, 
gulch,  placer  or  other  mineral  claims  or  mining  property  for  the  pur 
pose  aforesaid ;  or  who  shall  enter  upon  or  into  any  lode,  quartz  mills, 
placer  claims,  gulch,  or  other  mineral  claim  or  mining  property;  or, 


STATE  AND  TERRITORIAL  MINING  LAWS.  I59 

not  being  on  such  mining  claim  or  mineral  property,  but  within  hear- 
ing of  the  same,  shall  make  any  threats,  or  make  use  of  any  language, 
signs  or  gestures,  calculated  to  intimidate  any  person  or  persons  in 
possession,  or  at  work  on  said  claim  or  claims  of  mineral  property  of 
whatever  kind  or  nature,  from  continuing  such  possession  or  work 
thereon  or  therein;  or  to  intimidate  others  from  engaging  to  be  em- 
ployed thereon  or  therein,  every  such  person  or  persons  so  engaging 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  in  a  penal  sum,  not  exceeding  two  hundred  and  fifty  dollars, 
and  be  imprisoned  in  the  county  jail  for  not  less  than  thirty  days,  nor 
more  than  six  months;  such  fine  to  be  discharged  either  by  money 
payment,  or  by  confinement  in  said  county  jail,  until  the  same  is  paid 
at  the  rate  of  two  dollars  and  fifty  cents  per  day.  On  trial  of  any 
person  or  persons  charged  with  any  of  these  offences  enumerated  in 
this  section,  the  proof  of  a  common  purpose  of  two  or  more  persons  to 
unlawfully  secure  possession  of.  any  mining  claim  or  mineral  property 
within  this  Territory ;  or  to  intimidate  any  one  in  possession  of,  or 
laborers  at  work  on  any  mining  claim  or  mineral  property  aforesaid, 
accompanied  or  followed  by  any  acts  or  utterances  of  such  person  or 
persons,  as  herein  enumerated,  shall  be  sufficient  evidence  to  convict 
any  one  committing  such  acts,  although  such  parties  may  not  be  asso- 
ciated or  acting  together  at  the  time  of  the  commission  of  such  of- 
fenses. 

SEC.  1 8.  Unlawful  Cutting,  &c.  Any  person  or  persons,  who 
shall  unlawfully  cut  down,  break  down,  level,  demolish,  destroy,  in- 
jure, remove,  or  carry  away  any  sign,  notice,  post,  mark,  monument 
or  fence,  upon  or  around  any  shaft,  pit,  hole,  incline  or  tunnel,  or  any 
building,  structure,  machinery,  implements  or  other  property,  on  any 
mining  claim  or  mineral  property,  ground  or  premises,  upon  any  of 
the  public  lands  of  this  Territory,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  a  penal  sum  of  money  not 
less  than  fifty  dollars,  nor  more  than  one  thousand  dollars,  or  be  im- 
prisoned for  not  less  than  thirty  days,  nor  more  than  one  year,  or  by 
both  fine  and  imprisonment,  in  the  discretion  of  the  Court. 

SEC.  19.  Salting — Deception. — Any  person  or  persons  who  shall 
defraud,  cheat,  swindle,  or  deceive  any  party,  or  parties,  in  relation  to 
any  mine  or  mining  property,  by  "salting,"  or  by  placing  or  causing 
to  be  placed  in  any  lode,  placer  or  other  mine,  any  genuine  metals  or 
material  representing  genuine  minerals,  which  are  designed  to  cheat 
and  deceive  others,  for  the  purpose  of  gain,  whereby  others  shall  be 
deceived  and  injured  by  such,  or  any  other  deceptive  methods,  shall 
be  guilty  of  a  felony,  and  upon  conviction  thereof,  shall  be  fined  in  a 
penal  sum  of  not  less  than  fifty  dollars,  and  not  more  than  five  thous- 
and dollars;  or  imprisonment  in  a  penitentiary  for  not  less  than  thirty 
days,  nor  more  than  three  years,  or  both  fine  and  imprisonment,  in  the 
discretion  of  the  Court. 

SEC.  20.  Protection  of  Live  Stock.— Every  person,  persons, 
company  or  corporation,  who  has  already  sunk  mining  shafts,  pits, 
holes  or  inclines  in  any  mining  claim,  or  any  mineral  property,  ground 
or  premises,  upon  any  of  the  public  lands  of  this  Territory,  or  who 
may  hereafter  sink  such  openings  aforesaid,  shall  forthwith  secure  such 
shafts  and  openings  against  the  injury  or  destruction  of  live  stock  run- 


!60  STATE  AND  TERRITORIAL  MINING  LAWS. 

ning  at  large  upon  the  public  domain  by  securely  covering  such  shafts 
and  other  openings  as  aforesaid  in  a  manner  to  render  them  safe  against 
the  possibility  of  live  stock  falling  into  them,  or  in  any  manner  be- 
coming injured  or  destroyed  thereby ;  or  by  forthwith  making  a  strong, 
secure  and  ample  fence  around  such  shafts  and  other  openings  afore- 
said. Any  person,  persons,  company  or  corporation  that  shall  fail  or 
refuse  to  fully  comply  with  the  provisions  of  this  section,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  liable  for  any 
damages  sustained  by  injury  or  loss  of  live  stock  thereby;  and  shall 
also  be  fined  in  a  penal  sum  of  not  less  than  twenty-five  dollars,  nor 
more  than  one  hundred  dollars. 

SEC.  21.  Coal  Mines — Provided,  that  nothing  in  this  act  shall 
apply  to  the  workings  of  coal  mines. 

SEC.  22. — Repeal. — That  all  acts  and  parts  of  acts  in  conflict  or 
inconsistent  with  this  act  are  hereby  repealed. 

SEC.  23.  Take  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  12,  1886.     Laws  of  1886,  p.  — . 

AN  ACT  to  repeal  and  re-enact  chapter  one,  title  thirty,  of  the  Revised 
Statutes  of  Wyoming. 

SECTION  i. — Miners'  Laws. — In  any  mining  district,  or  in 
mining  field  of  discovery  of  veins,  leads,  lodes  or  ledges,  or  of  gold 
placers,  petroleum  fields,  soluble  salt  deposits,  or  of  any  mineral  lands 
whatever,  or  of  any  lands  that  are  or  may  be  hereafter  opened  to 
location  under  the  laws  governing  mineral  deposits,  the  miners  may 
meet  and  organize,  and  elect  a  recorder  and  make  regulations  not  in 
conflict  with  the  laws  of  the  United  States,  or  with  the  laws  of  this 
Territory  governing  the  location,  manner  of  recording,  and  amount  of 
annual  work  necessary  to  hold  possession  of  a  mining  claim  within 
the  district,  subject  to  the  following  requirements : 

First.  That  any  five  miners,  having  locations,  or  owning  in  part  or 
in  whole,  claims  within  the  proposed  district,  shall  give  notice  by  at 
least  three  written  or  printed,  or  partially  written  and  partially  printed 
notices,  posted  in  prominent  places  within  the  proposed  district,  of  a 
meeting  called  by  them  for  organizing  such  district,  at  a  date  at  least 
ten  days  subsequent  to  the  posting  of  such  notices. 

Second.  That  the  meeting  thus  called  shall  be  attended  by  at  least 
ten  persons  all  having  locations,  or  owning  in  part  or  in  whole,  claims 
within  the  proposed  district. 

Third.  That  the  recorder  elected  for  such  an  organized  district, 
shall  hold  his  office  until  his  successor  is  elected  and  qualified  accord- 
ing to  law.  Such  recorder  is  required  to  give  bonds  with  at  least  two 
sureties,  to  the  people  of  Wyoming,  in  the  penal  sum  of  not  less  than 
one  thousand  dollars,  for  the  faithful  performance  of  his  duties,  and 
for  the  turning  over  of  all  books,  papers,  records,  etc.,  of  his  office,  to 
his  duly  elected  and  qualified  successor,  which  bond  shall  be  approved 
by  the  probate  judge,  and  filed  in  the  office  of  the  county  clerk  and 
recorder.  The  recorder  of  such  a  mining  district  may  appoint  a 
deputy,  for  whose  official  acts  he  shall  be  responsible. 

Fourth.  That  no  district  need  be  organized  if  the  majority  at  the 
meeting  as  hereinbefore  provided  so  desire;  but  when  a  district  is  once 


STATE  AND  TERRITORIAL  MINING  LAWS.  161 

organized,  it  cannot  be  subdivided  except  in  accordance  with  the 
local  laws  of  the  district,  enacted  at  the  regular  or  special  meetings,  or 
by  action  of  the  Legislature  of  this  Territory.  In  case  of  the  aban- 
donment of  any  district  for  any  cause  whatever,  it  shall  be  the  duty  of 
the  district  recorder,  as  soon  as  practicable  thereafter,  to  deposit  all 
records  and  other  papers  pertaining  to  his  office  in  the  office  of  the 
recorder  and  register  of  deeds  of  the  county  in  which  said  district  is 
located. 

Fifth.  Each  mining  district  may  regulate  the  fees  to  be  charged  by 
the  local  recorder  for  recording  location  certificates,  affidavits  of  labor, 
and  all  other  instruments  to  be  filed  in  the  said  recorder's  office. 

SEC.  2. — Recorder's  Office— Evidence.— A  copy  of  all  the 
laws  and  proceedings  of  each  mining  district  shall  be  filed  in  the  office 
of  the  recorder  of  deeds  of  the  county  in  which  the  district  is  situated, 
which  shall  be  taken  as  evidence  in  any  court  having  jurisdiction  in 
the  matter  concerned  under  such  laws  or  proceedings ;  and  all  such 
laws  or  proceedings  of  any  mining  district  heretofore  filed  in  the  re- 
corder's office  of  the  proper  county,  and  transcripts  thereof  duly  certi- 
fied, shall  have  the  like  effect  in  evidence.  Such  copies  of  laws  and 
proceedings  shall  be  filed  in  the  office  of  the  said  recorder  of  deeds  by 
the  recorder  of  each  mining  district  within  sixty  days  after  the  organi- 
zation of  each  new  mining  district,  or  within  sixty  days  after  new  laws 
were  adopted  or  proceedings  had. 

SEC.  3. — Mining  Recorder. — It  shall  be  the  duty  of  the  recorder 
of  each  mining  district  to  file  copies  as  above  provided. 

SEC.  4. — Water  Rights. — Whenever  any  person,  persons,  or  cor- 
poration shall  be  engaged  in  mining  or  milling  in  this  territory,  and 
in  the  prosecution  of  such  business,  shall  hoist  or  bring  water  from 
mines  or  natural  water  courses,  such  person,  persons  or  corporation 
shall  have  the  right  to  use  such  water  in  such  manner,  and  direct  it 
into  such  natural  course  or  gulch  as  their  business  interests  may  require. 
Provided,  that  such  diversion  shall  not  infringe  on  vested  rights.  The 
provisions  of  this  section  shall  not  be  construed  to  apply  to  new  or 
undeveloped  mines,  but  to  those  only  which  shall  have  been  open  and 
require  drainage  or  other  direction  of  water. 

SEC.  5. — Right  of  'Way. — All  mining  claims  or  property  now  lo- 
cated, or  which  may  hereafter  be  located  within  this  territory,  shall  be 
subject  to  the  right  of  way  of  any  ditch  or  flume  for  mining  purposes, 
or  of  any  tramway,  pack  trail  or  wagon  road,  whether  now  in  use  or 
which  may  hereafter  be  laid  out  across  any  such  location,  claim  or 
property.  Provided  always,  that  such  right  of  way  shall  not  be  exer- 
cised against  any  mining  location,  claim  or  property  duly  made  and 
recorded  as  herein  required,  and  not  abandoned  prior  to  the  establish- 
ment of  any  such  ditch,  flume,  tramway,  pack-trail  or  wagon  road, 
without  the  consent  of  the  owner  or  owners,  except  in  condemnation, 
as  in  the  case  of  land  taken  for  public  highways.  Consent  to  the  loca- 
tion of  the  easements  above  enumerated  over  any  mineral  claim,  loca- 
tion or  property,  shall  be  in  writing  ;  And  provided  further,  that  any 
such  ditch  or  flume  shall  be  so  constructed  that  water  therefrom  shall 
not  injure  vested  rights  by  flooding  or  otherwise. 

SEC.  6. — Security — Injunction. — When  a  mining  right  exists  in 
any  case  and  is  separate  from  the  ownership  and  right  of  occupancy  to 


1 62  STATE  AND  TERRITORIAL  MIXING  LAWS. 

the  surface,  such  owner  or  rightful  occupant  of  the  said  surface  may 
demand  satisfactory  security  from  the  miner  or  miners,  and  if  such 
security  is  refused,  such  owner  or  occupant  of  the  surface  may  enjoin 
the  miner  or  miners  from  working  such  mine  until  such  security  is 
given.  The  order  of  such  injunction  shall  fix  the  amount  of  the  bond 
therefor. 

SEC.  7. — Relocation — Whenever  it  shall  be  apprehended  by  the 
locator  or  his  assignees,  of  any  mining  claims  or  property  heretofore 
or  hereafter  located,  that  his  or  their  original  location  certificate  was 
defective,  erroneous,  or  that  the  requirements  of  the  law  had  not  been 
complied  with  before  the  filing  thereof,  or  shall  be  desirous  of  chang- 
ing the  surface  boundaries  of  his  or  her  original  claim  or  location,  or 
of  taking  away  part  of  an  overlapping  claim  or  location  which  has 
been  abandoned,  or  in  case  the  original  certificate  was  made  prior  to 
the  approval  of  this  act,  and  he  or  they  shall  be  desirous  of  securing 
the  benefit  of  this  law,  such  locator  or  locators,  or  his  or  their  assigns, 
may  file  an  additional  location  certificate  in  compliance  with  and  sub- 
ject to  this  act.  Provided,  however,  That  such  relocation  shall  not 
infringe  upon  the  rights  of  others  existing  at  the  time  of  such  reloca- 
tion, and  that  no  such  relocation  or  other  record  thereof  shall  preclude 
the  claimant  or  claimants  from  proving  any  such  title  or  titles  as  he  or 
they  may  have  held  under  any  previous  location. 

SEC.  8. — Location  Certificate. — No  location  certificate  shall 
contain  more  than  one  claim  or  location,  whether  the  location  be  made 
by  one  or  more  locators,  and  any  location  certificate  that  contains 
upon  its  face  more  than  one  location  claim  shall  be  absolutely  void, 
except  as  to  the  first  location  named  and  described  therein,  and  in  case 
more  than  one  claim  or  location  is  described  together,  so  that  the  first 
one  cannot  be  distinguished  from  the  others,  the  certificate  of  location 
shall  be  void  as  an  entirety. 

SEC.  9. — Violence  and  Threats. — In  all  cases  where  two  or 
more  persons  shall,  through  collusion  or  otherwise,  associate  them- 
selves together  for  the  purpose  of  obtaining  possession  of  any  lode, 
gulch,  or  placer  or  other  mineral  claim  or  mining  property  within  this 
Territory,  then  in  the  actual  possession  of  another  or  others,  by  force 
or  violence,  or  threats  of  violence,  or  by  stealth,  and  shall  proceed  to 
carry  out  such  purpose  by  making  threats  to  and  against  the  party  or 
parties  in  possession,  or  who  shall  enter  upon  such  lode,  gulch,  placer 
or  other  mineral  claim  or  mining  property  for  the  purposes  aforesaid, 
or  who  shall  enter  into  any  mineral  claim  or  mining  property;  or,  not 
being  on  such  mining  claim  or  mineral  property,  but  within  hearing 
of  the  same,  shall  make  any  threats  or  any  use  of  any  language,  signs, 
gestures,  intended  to  intimidate  any  person  or  persons  in  possession  or 
at  work  on  the  said  claim  or  claims  of  mineral  property  of  whatever 
kind  or  nature,  from  continuing  such  possession  or  work  thereon  or 
therein,  or  to  intimidate  others  from  engaging  to  be  employed  thereon 
or  therein,  every  such  person  or  persons  so  engaging  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  a  penal 
sum  not  exceeding  $250,  and  be  imprisoned  in  the  county  jail  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  On  trial  of  any  person  or  persons  charged  with 
any  of  the  offenses  enumerated  in  this  section,  the  proof  of  a  common 


STATE  AND  TERRITORIAL  MINING  LAWS.  163 

purpose  of  two  or  more  persons  to  unlawfully  secure  possession  of  any 
mining  claim  or  mineral  property  within  the  territory,  or  to  intimidate 
any  one  in  the  possession  of,  or  laborers  at  work  on  any  mining  claim 
or  mineral  property  aforesaid,  accompanied  or  followed  by  any  acts  or 
utterances  of  such  person  or  persons  herein  enumerated,  shall  be  suffic- 
ient evidence  to  convict  any  one  committing  such  acts,  although  such 
parties  may  not  be  associating  or  acting  together  at  the  time  of  the 
commission  of  such  offenses. 

SEC.  10. — Misdemeanors. — Any  person  or  persons  who  shall  un- 
lawfully cut  down,  break  down,  level,  demolish,  destroy,  injure,  re- 
move or  carry  away  any  sign,  notice,  post,  mark,  monument  or  fence 
upon  or  around  any  shaft,  pit,  hole,  incline  or  tunnel,  or  any  building, 
structure,  machinery,  implements  or  other  property,  on  any  mining 
claim  or  mineral  property,  ground  or  premises,  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  a  penal  sum  of 
money  no  less  than  fifty  dollars  nor  more  than  one  thousand  dollars,  or 
be  imprisoned  for  not  less  than  thirty  days  nor  more  than  one  year,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

SEC.  ii. — Salting  Mines. — Any  person  or  persons  who  shall  de- 
fraud, cheat,  swindle  or  deceive  any  party  or  parties,  in  relation  to  any 
mine  or  mining  properties  by  "salting,"  or  by  placing  or  causing  to 
be  placed  in  any  lode,  placer  or  other  mine,  any  genuine  metals,  or 
material  representing  genuine  mineral,  which  are  designed  to  cheat  and 
deceive  others,  for  the  purpose  of  gain,  whereby  others  shall  be  de- 
ceived and  injured  by  such,  shall  be  guilty  of  a  felony,  and,  upon 
conviction  thereof,  shall  be  fined  in  a  penal  sum  of  not  less  than  fifty 
dollars  and  not  more  than  five  thousand  dollars,  or  imprisonment  in  a 
penitentiary  for  not  less  than  thirty  days  or  more  than  three  years,  or 
both  fine  and  imprisonment,  in  the  discretion  of  the  court. 

SEC.  12. — Live  Stock. — Every  person  or  persons,  company  or 
corporation,  who  have  already  sunk  mining  shafts,  pits,  holes,  inclines, 
upon  any  mining  claim  or  on  any  mineral  property,  ground  or  premi- 
ses, or  who  may  hereafter  sink  such  opening  aforesaid,  shall  forthwith 
secure  such  shafts  and  openings  against  the  injury  or  destruction  of  live 
stock  running  at  large  upon  the  public  domain,  by  securely  covering 
such  shafts  and  other  openings,  as  aforesaid,  in  a  manner  to  render 
them  safe  against  the  possibility  of  live  stock  falling  into  them,  or  in 
any  manner  becoming  injured  or  destroyed  thereby;  or  by  forthwith 
making  a  strong,  secure  and  ample  fence  around  such  shafts  and  other 
openings  aforesaid.  Any  person,  persons,  corporation  or  company, 
that  shall  fail  or  refuse  to  fully  comply  with  the  provisions  of  this  sec- 
tion, shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
shall  be  liable  for  any  damages  sustained  by  injury  or  loss  of  live  stock 
thereby. 

SEC.  13. — Length  of  Lode  Claims. — The  length  of  any  lode 
mining  claim  located  within  Wyoming  Territory  shall  not  exceed  fif- 
teen hundred  feet,  measured  horizontally  along  such  lode  or  vein.  Nor 
can  the  regulations  of  any  mining  district  limit  a  locator  to  less  than 
this,  length. 

SEC.  14. — Width  of  Lode  Claims. — The  width  of  any  lode 
claim  located  within  Wyoming  Territory  shall  not  exceed  three  hun- 
dred feet  on  each  side  of  the  discovery  shaft,  the  discovery  shaft  being 


!64  STATE  AND  TERRITORIAL  MINING  LAWS. 

always  equally  distant  from  the  side  lines  of  the  claims.  Nor  can  a 
mining  district  limit  the  location  to  a  width  less  than  one  hundred  and 
fifty  feet  on  either  side  of  the  discovery  shaft. 

SEC.  15. — Record. — A  discoverer  of  any  mineral  lead,  lode,  ledge 
or  vein,  shall,  within  thirty  days  after  the  date  of  the  discovery,  record 
such  claim  with  the  recorder  of  the  mining  district  in  which  it  is  situ- 
ated, if  such  district  be  organized,  and  shall  within  ninety  days  from 
date  of  discovery  cause  such  claim  to  be  recorded  in  the  office  of  the 
County  clerk  and  ex  officio  register  of  deeds  of  the  county  within  which 
such  claim  may  exist,  by  a  location  certificate,  which  shall  contain  the 
following  facts : 

First.  The  name  of  the  lode  claim. 

Second.  The  name  or  names  of  the  locator  or  locators. 

Third.  The  date  of  location. 

Fourth.  The  length  of  the  claim  along  the  vein,  measured  each  way 
from  the  centre  of  the  discovery  shaft,  and  the  general  course  of  the 
vein,  as  far  as  it  is  known. 

Fifth.  The  amount  of  surface  ground  claimed  on  either  side  of  the 
centre  of  the  discovery  shaft  or  discovery  workings. 

Sixth.  A  description  of  the  claim  by  such  designation  of  natural  or 
fixed  objects,  or,  if  upon  ground  surveyed  by  the  United  States  system 
of  land  survey,  by  reference  to  section  or  quarter  section  corners,  as 
shall  identify  the  claim  beyond  question. 

SEC.  16. — Certificate. — Any  certificate  of  the  location  of  the  lode 
claim  which  shall  not  fully  contain  all  the  requirements  named  in  the 
preceding  section,  together  with  such  other  description  as  shall  identify 
the  lode  or  claim  with  reasonable  certainty,  shall  be  void. 

SEC.  17. — Designation  of  Location. — Before  the  filing  of  a  loca- 
tion certificate  in  the  office  of  the  county  clerk,  and  ex  officio  register 
of  deeds,  the  discoverer  of  any  lode,  vein  or  fissure  shall  designate  the 
location  thereof,  as  follows : 

First.  By  sinking  a  shaft  upon  the  discovered  lode  or  fissure  to  the 
depth  of  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the 
surface. 

Second.  By  posting  at  the  point  of  discovery,  on  the  surface,  a  plain 
sign  or  notice,  containing  the  name  of  the  lode  or  claim,  the  name  of 
the  discoverer  or  locator,  and  the  date  of  such  discovery. 

Third.  By  marking  the  surface  boundaries  of  the  claim,  which  shall 
be  marked  by  six  substantial  monuments  of  stone  or  posts,  hewed  or 
marked  on  the  side  or  sides,  which  face  is  toward  the  claim  and  sunk 
in  the  ground,  one  at  each  corner,  and  one  at  the  centre  of  each  side 
line,  and  when  thus  marking  the  boundaries  of  a  claim,  if  any  one  or 
more  of  such  posts  or  monuments  of  stone  shall  fall  by  necessity  upon 
precipitous  ground,  where  the  proper  placing  of  it  is  impracticable,  or 
dangerous  to  life  or  limb,  it  shall  be  lawful  to  place  any  such  post  or 
monument  of  stone  at  the  nearest  point,  properly  marked  to  designate 
its  right  place ;  Provided,  That  no  right  to  such  lode  or  claim,  or  its 
possession  or  enjoyment,  shall  be  given  to  any  person  or  persons,  unless 
such  person  or  persons  shall  discover  in  said  claim,  mineral  bearing 
rock  in  place. 

SEC.  1 8. — Tunnel. — Any  open  cut  which  shall  cut  the  vein  ten 
feet  in  length,  and  with  face  ten  feet  in  height,  or  any  cross  cut  tun- 


STATE  AND  TERRITORIAL  MINING  LAWS.  165 

nel,  or  tunnel  on  the  vein  ten  feet  in  length,  which  shall  cut  the  vein 
ten  feet  below  the  surface,  measured  from  the  bottom  of  such  tunnel, 
shall  hold  such  lode  the  same  as  if  a  discovery  shaft  were  sunk  thereon. 

SEC.  19. — Discovery  Shaft.— The  discoverer  of  any  mineral  lode 
or  vein  in  this  territory  shall  have  the  period  of  ninety  days  from  the 
date  of  discovering  such  lode  or  vein,  in  which  to  sink  a  discovery 
shaft  thereon. 

SEC.  20. — Locator's  Rights. — The  locators  of  all  mining  loca- 
tions heretofore  made,  or  which  shall  hereafter  be  made,  on  any  min- 
eral vein,  lode  or  ledge,  situated  on  the  public  domain,  their  heirs  and 
assigns,  shall  have  the  exclusive  right  of  possession  and  enjoyment  of 
all  the  surface  included  within  the  lines  of  their  locations,  and  of  all 
veins,  lodes  and  ledges  throughout  their  entire  depth,  the  top  or  apex 
of  which  lies  inside  of  such  surface  lines  extended  downward  vertically, 
although  such  veins,  lodes  and  ledges  may  so  far  depart  from  a  per- 
pendicular in  their  course  downward  as  to  extend  outside  the  vertical 
lines  of  such  surface  locations.  But  their  right  of  possession  to  such 
outside  parts  of  such  veins  or  ledges  shall  be  confined  to  such  portions 
thereof  as  lie  between  vertical  planes  drawn  downward  as  above  de- 
scribed through  the  end  lines  of  their  locations,  so  continued  in  their 
own  direction  that  such  planes  will  intersect  such  exterior  parts  of  such 
veins  or  ledges.  And  nothing  in  this  section  shall  authorize  a  locator 
or  possessor  of  a  vein  or  lode  which  extends  in  its  downward  course 
beyond  the  vertical  lines  of  his  claim,  to  enter  upon  the  surface  of  a 
claim  owned  or  possessed  by  another. 

SEC.  21. — Relocation. — Any  abandoned  lode,  vein,  or  strata 
claim  may  be  relocated,  and  such  relocation  shall  be  perfected  by 
sinking  a  new  discovery  shaft,  and  by  fixing  new  boundaries  in  the 
same  manner  as  provided  for  in  the  location  of  a  new  claim ;  or  the 
relocator  may  sink  the  original  discovery  shaft  ten  feet  deeper  than  it 
was  at  the  time  of  its  abandonment,  and  erect  new,  or  adopt  the  old 
boundaries,  renewing  the  posts  or  monuments  of  stone  if  removed  or 
destroyed.  In  either  event,  a  new  location  stake  shall  be  fixed.  The 
location  certificate  of  an  abandoned  claim  may  state  that  the  whole  or 
any  part  of  the  new  location  is  located  as  an  abandoned  claim. 

SEC.  22. — Placer  Record. — That  hereafter  the  discoverer  of  any 
placer  claim  shall,  within  thirty  days  of  the  date  of  discovery,  record 
such  claim  with  the  recorder  of  the  mining  district  in  which  it  is  situ- 
ated, if  such  district  be  organized ;  and  shall,  within  ninety  days  from 
the  date  of  discovery,  cause  to  be  recorded  such  claim  within  the  office 
of  the  recorder  of  deeds  of  the  county  within  which  such  claim  may 
exist,  by  a  location  certificate,  which  shall  contain  in  either  or  both 
cases,  the  following  facts  : 

First.  The  name  of  the  claim,  designating  it  as  a  placer  claim. 

Second.  The  name  or  names  of  the  locator  or  locators  thereof. 

Third.  The  date  of  location. 

Fourth.  The  number  of  feet  or  acres  thus  claimed. 

Fifth.  A  description  of  the  claim  by  such  designation  of  natural  or 
fixed  objects  as  shall  identify  the  claim  beyond  question.  Before  filing 
such  location  certificate,  the  discoverer  shall  locate  his  claim  ;  first,  by 
securely  fixing  upon  such  claim  a  notice  in  plain  painted,  printed  or 
written  letters,  containing  the  name  of  the  claim,  the  name  of  the 


1 66  STATE  AND  TERRITORIAL  MINING  LAWS. 

locator  or  locators,  the  date.of  discovery,  and  the  number  of  feet  or 
acres  claimed  ;  second,  by  designating  the  surface  boundaries  by  sub- 
stantial posts  or  stone  monuments  at  each  corner  of  the  claim. 

SEC.  23. — Placer  Expenditure.— (i)  For  every  placer  claim, 
assessment  work  as  hereinafter  provided  shall  be  done  during  each  and 
every  calendar  year  after  the  first  day  of  January  following  the  date  of 
location.  Such  assessment  work  shall  consist  in  manual  labor,  per- 
manent improvements  made  on  the  claim  in  buildings,  roads,  or 
ditches  made  for  the  benefit  of  working  such  claim,  or  after  any  man- 
ner, so  long  as  the  work  done  accrues  to  the  improvement  of  the  claim. 
or  shows  good  faith  and  intention  on  the  part  of  the  owner  or  owners, 
and  their  intention  to  hold  possession  of  said  claim. 

(2)  On  a  placer  claim  of  an  area  of  one  hundred  and  sixty  acres 
heretofore  or  hereafter  located  in  this  territory  and  not  situated  in  an 
organized  district,  not  less  than  one  hundred  dollars'  worth  of  assess- 
ment vork  shall  be  performed  during  each  calendar  year,  from  the  first 
day  of  January  after  the  date  of  location.     On  every  placer  mining 
claim  so  located,  of  less  than  one  hundred  and  sixty  acres,  the  amount 
of  annual  assessment  work  shall  be  at  the  rate  of  sixty-two  and  one-half 
cents  per  acre  for  each  and  every  acre  and  fraction  thereof.    Provided, 
That  the  total  amount  to  be  annually  expended  be  in  no  case  less  than 
fifteen  dollars. 

(3)  When  two  or  more  placer  mining  claims  lie  contiguously,  and  are 
owned  by  the  same  person,  persons,  company  or  corporation,  the 
yearly  expenditure  of  labor  and  improvements  required  on  each  of  such 
claims  may  be  made  upon  any  one  of  such  contiguous  claims  if  the 
owner  or  owners  shall  thus  prefer. 

(4)  But  where  such  placer  claims  are  situated  in  an  organized  min- 
ing district,  or  if  they  are  finally  embraced  in  such  a  district,  then  the 
amount  of  assessment  work  and  the  manner  of  its  accomplishment 
shall  be  regulated  entirely  by  the  district  laws,  whether  the  amount  of 
work  required  annually  be  greater  or  less  than  the  amount  hereinbefore 
set  forth  as  required  of  placer  claims  not  located  in  such  districts. 

(5)  Upon  the  failure  of  the  owners  to  do  or  have  done- the  assess- 
ment work  required  within  the  time  above  stated,  such  claim  or  claims 
upon  which  such  work  has  not  been  completed,  shall  thereafter  be 
opened  to  re-location  on  or  after  the  first  day  of  January  of  any  year 
after  such  labor  or  improvements  should  have  been  done,  in  the  same 
manner  and  on  the  same  terms  as  if  no  location  thereof  had  ever  been 
made:     Provided,  That  the  original  locators,  their  heirs,  assigns  or 
legal  representatives,  have  not  resumed  work  upon  such  claim  or  claims 
after  failure,  and  before  any  subsequent  location  has  been  made. 

(6)  Upon  completion  of  the  required  assessment  work  of  any  min- 
ing claim,  the  owner  or  owners  or  agent  of  said  owner  or  owners  shall 
cause  to  be  made  by  some  person  engaged  in  performing  the  work,  an 
affidavit  setting  forth  that  the  required  amount  of  work  was  performed, 
which  affidavit  shall  within  thirty  days  after  the  completion  of  the  work 
be  recorded  in  the  office  of  the  recorder  of  the  district  in  which  such 
claim  is  situated,  if  such  be  organized,  or  if  such  district  be  not  organ- 
ized, such  affidavit  shall  within  sixty  days  of  completion  of  the  work  be 
filed  for  record  in  the  office  of  the  recorder  and  register  of  deeds  of 
the  county  in  which  such  claim  is  located. 


STATE  AND  TERRITORIAL  MINING  LAWS.  167 

SEC.  24, — Patent. — When  any  person,  persons  or  association,  they 
and  their  grantors,  have  held  and  worked  their  placer  claims  in  con- 
formance  of  the  laws  of  this  territory  and  the  regulations  of  the  min- 
ing district  in  which  such  claim  exists,  if  such  be  organized,  for  five  suc- 
cessive years  after  the  first  day  of  January  succeeding  the  date  of  loca- 
tion, then  such  person,  persons,  or  association,  they  and  their  grantors, 
shall  be  entitled  to  proceed  to  obtain  a  patent  for  their  claims  from  the 
United  States  without  performing  further  work ;  but  where  such  per- 
son, persons  or  association,  they  or  their  grantors,  desire  to  obtain  a 
United  States  patent  before  the  expiration  of  five  years  from  the  date 
hereinbefore  mentioned,  they  shall  be  required  to  expend  at  least  five 
hundred  dollars'  worth  of  work  upon  a  placer  claim. 

SEC.  25  — Coal  Mines. — Nothing  in  this  act  shall  apply  to  the 
working  of  coal  mines. 

SEC.  26. — Repeal. — That  chapter  one,  title  thirty,  of  the  Revised 
Statutes  of  Wyoming,  and  all  other  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act,  be,  and  are  hereby,  repealed. 

SEC.  27.— Take  Effect. — This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved  March  6,  1888. 

Laws  of  1888— p.  83. 

Mines  and  Mining. — Amendment. 

AN  ACT  to  amend  and  re-enact  section  fifteen  and  section  nineteen  of 
chapter  forty,  of  the  session  laws  of  eighteen  hundred  and  eighty-eight, 
entitled,  "An  act  to  repeal  and  re-enact  chapter  one,  title  thirty  of  the 
Revised  Statutes  of  Wyoming"  approved  March  sixth,  eighteen  hun- 
dred and  eighty-eight. 

SEC.  i. — Location  Record. — That  section  fifteen  of  chapter  forty 
of  the  session  laws  of  eighteen  hundred  and  eighty-eight,  entitled,  "An 
Act  to  repeal  and  re-enact  chapter  one,  title  thirty,  of  the  Revised 
Statutes  of  Wyoming,"  approved  March  sixth,  eighteen  hundred  and 
eighty-eight,  be,  and  is,  hereby  amended  and  re-enacted  so  as  to  read 
as  follows:  "A  discoverer  of  any  mineral,  lead,  lode,  ledge  or  vein 
shall,  within  ninety  days  of  the  date  of  the  discovery,  record  such  claim 
with  the  recorder. of  the  mining  district  in  which  it  is  situated,  if  such 
district  be  organized,  and  shall  within  one  hundred  and  twenty  days 
from  date  of  discovery  cause  such  claim  to  be  recorded  within  the 
office  of  the  county  clerk  and  ex  officio  register  of  deeds  of  the  county 
within  which  such  claim  may  exist,  by  a  location  certificate  which  shall 
contain  the  following  facts : 

First.  The  name  of  the  lode  claim. 

Second.   The  name  or  names  of  the  locator  or  locators. 

Third.  The  date  of  location. 

Fourth.  The  length  of  the  claim  along  the  vein  measured  each  way 
from  the  centre  of  the  discovery  shaft  and  the  general  course  of  the 
vein,  as  far  as  it  is  known. 

Fifth.  The  amount  of  surface  ground  claimed  on  either  side  of  the 
center  of  the  discovery  shaft  or  discovery  workings. 

Sixth.  A  description  of  the  claim  by  such  designation  of  natural  or 
fixed  objects,  or  if  upon  ground  surveyed  by  the  United  States  system 


168  STATE  AND  TERRITORIAL  MINING  LAWS. 

of  land  survey,  by  reference  to  section  or  quarter  section  corners,  as 
shall  identify  the  claim  beyond  question. 

SEC.  2. — That  section  nineteen  of  chapter  forty  of  the  session  laws 
of  eighteen  hundred  and  eighty-eight,  entitled,  "  Discovery  Shaft. 
— An  Act  to  repeal  and  re-enact  chapter  one,  title  thirty  of  the  Revised 
Statutes  of  Wyoming,  approved  March  sixth,  eighteen  hundred  and 
eighty-eight,  be,  and  is,  hereby  amended  and  re-enacted  so  as  to  read 
as  follows :  "The  discoverer  of  any  mineral,  lode,  or  vein  in  this  state 
shall  have  the  period  of  one  hundred  and  twenty  days  from  the  date  of 
discovering  such  lode  or  vein  in  which  to  sink  a  discovery  shaft 
thereon." 

SEC.  3. — Take  Effect. — This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  January  9,  1891. 

Laws  of  1890—91 — p.  179. 

Mine  Location  Certificates — Amendment. 

SECTION  i .  That  Sec.  i  of  Chap.  46  of  the  session  laws  of  the  State 
of  Wyoming,  passed  by  the  First  State  Legislature,  entitled,  "An  Act 
to  amend  and  re-enact  Sec.  15  and  Sec.  19  of  Chap.  40  of  the  Session 
Laws  of  1888,  entitled,  'An  Act  to  repeal  and  re-enact  Chap,  i,  Title 
30,  of  the  Revised  Statutes  of  Wyoming,'  approved  March  6th,  1888," 
approved  Jan.  9,  1891,  be  and  the  same  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows : 

SEC.  15.  Contents  of  Location  Certificate.— A  discoverer  of 
any  mineral  lead,  lode,  ledge  or  vein  shall,  within  sixty  days  from  the 
date  of  discovery,  cause  such  claim  to  be  recorded  in  the  office  of  the 
county  clerk  and  ex-offido  register  of  deeds  of  the  county  within  which 
such  claim  may  exist,  by  a  location  certificate  which  shall  contain  the 
following  facts: 

First.     The  name  of  the  lode  claim. 

Second.     The  name  or  names  of  the  locator  or  locators. 

Third.     The  date  of  location. 

Fourth.  The  length  of  the  claim  along  the  vein,  measured  each  way  from  the 
centre  of  the  discovery  shaft,  and  the  general  course  of  the  vein  as  far  as  it  is  known. 

Fifth.  The  amount  of  surface  ground  claimed  on  either  side  of  the  centre  of  the 
discovery  shaft  or  discovery  workings. 

Sixth.  A  description  of  the  claim  by  such  designation  of  natural  or  fixed  objects, 
or  if  upon  ground  surveyed  by  the  United  States  system  of  land  survey,  by  reference 
to  section  or  quarter-section  corneis,-as  shall  identify  the  claim  beyond  question. 

SEC.  19.  Discovery  Shaft. — The  discoverer  of  any  mineral  lode 
or  vein  in  this  State  shall  have  the  period  of  sixty  days  from  the  date 
of  discovering  such  lode  or  vein  in  which  to  sink  a  discovery  shaft 
thereon. 

Approved  Feb.  21,  1895.     Laws»of  1895-96,  page  246. 


STATE  AND  TERRITORIAL  MINING  LAWS.  rfg 

CANADA  AND  NORTHWEST  TERRITORY. 

Revised  and  Amended  Regulations.     Approved  by  the 
Lieutenant-Governor  in  Council,  April  yth,  1899. 

1.  Any  person  may  explore  for  minerals  on  any  Crown  Lands  not  for  the  time  be- 
ing marked  or  staked  out  and  occupied,  except  on  such   lands  as  by  the  Lieutenant- 
Governor  in  Council  may  have  been  withdrawn  from  sale,  location  or  exploration  as 
being  valuable  for  their  pine  timber  or  for  any  other  reason. 

2.  Where  Crown  Lands  are  situated  within  a  Mining  Division  they  may  be  occupied 
as  Mining  Claims  under  miners'  licenses. 

3.  The  Lieutenant  Governor  may  appoint  for  every  Mining  Division  or  for  any  part 
thereof  an  Inspector,  who  shall  be  an  officer  of  the  Bureau  of  Mines. 

4.  Every  Inspector  shall   have  power   to  enter,  inspect  and    examine  any  mine  or 
portion  thereof  or  works  connected  therewith  relating  to  the  health  and  safety  of  the 
persons  employed  in  or  about  the  mines  or  works,  and  to  give  notice  to  the  owner  or 
agent  in  writing  of  any  particulars  in  which  he  considers  such  mine  or  works,  or  any 
portion  thereof,  or  any  matter,  thing  or  practice,  to  be  dangerous  or  defective,  and  to 
require  the  same  to  be  remedied  within  the  period  of  time  named  in  such  notice ; 
and  on  the  occasion  of  any  examination  or  inspection  of  a  mine  the  owner  shall  pro- 
duce to  the  Inspector,  if  required  so  to  do,  an  accurate  plan  of  the  workings  thereof 
up  to  the  time  of  such  inspection,  and  also  shall  permit  the  Inspector  to  take  a  copy  or 
tracing  thereof. 

5.  Every  Inspector  shall  be  ex-offlcio  a  Justice  of  the  Peace  of  the  county  or  united 
counties,  district  or  districts  which  a  mining   Division   comprehends  or  includes,  in 
whole  or  in  part,  or  in  which  or  in  any  portion  of  which  a  Mining  Division  lies. 

6.  Every  Inspector  shall  have  power,  within  the  Mining  Division  for  which  he  has 
been  appointed,  to  settle  summarily  all  disputes  between  licensees  as  to  the  existence 
or  forfeiture  of  mining  claims,  and  the  extent  and  boundary  thereof,  and  as  to  the  use 
of  water  and  access  thereto,  and  generally  to  settle  all  difficulties,  matters  or  questions 
which  may  arise  between  licensees ;  and  the  decision  of  the  Inspector  in  all  such  cases 
shall  be  final,  except  where  otherwise  provided  by  the  Mines  Act,  or  where  another  tri- 
bunal is  appointed  under  authority  of  the  Act ;  and  no  case  under  the  Act  shall  be  re- 
moved into  any  Court  by  certiorari. 

7.  Every  Inspector  of  a  Mining  Division  appointed  under  the  Mines  Act  may  ap- 
point any  number  of  constables  not  exceeding  four;  and  the  persons  so  appointed 
shall  be  constituted  constables  and  peace  officers  for  the  purposes  of  the  Act  for  and 
during  the  terms  and  within  the  Mining  Divisions  for  which  they  are  appointed. 

8.  No  person  shall  be  appointed  or  authorized  to  act  as  an  Inspector  who  practices, 
or  acts,  or  is  a  partner  of  any  person  who  acts  as  a  mining  agent,  or  who  is  employed 
by  the  owners  of  or  is  interested  in  any  mine. 

9.  The  Director  of  the  Bureau  of  Mines  shall  have  all  the  powers,  rights  and  au- 
thority throughout  the  Province  which  an  Inspector  has  or  may  exercise  in  any  Min- 
ing Division,  and  such  other   powers,  rights  and  authority  for  the  carrying  out  of  the 
provisions  of  the  Mines  Act  as  shall  be  assigned  to  him  by  regulation. 

10.  No  Director,  Inspector  or  other  officer  appointed  under  the   Mines  Act  shall 
directly  or  indirectly  purchase  or  become   interested   in   any  Crown  lands  or  mining 
claim  ;  and  any  such  purchase  or  interest  shall  be  void  ;  and  if  any  officer  violates  this 
regulation  lie  shall  forfeit  his  office  and  be  liable  in  addition  to  a  penalty  of  $5°°  f°r 
every  such  offence,  to  be  recovered  in  an  action  by  any  person  who  sues  for  the  same. 

11.  The  Lieutenant-Governor  in  Council  may  by  Order  declare  any  tract  of  country 
therein  described  to  be  a  Mining  Division  ;  and   by  any  subsequent  Order  in  Council 
may  add  to  or  diminish  the  limits  of  the  Division,  or  may  otherwise  amend  any  such 
Order,  or  may  cancel  the  same. 

12.  On  payment  of  a  fee  of  $10,  or  such  other  sum  as  may  be  fixed   by  regulation, 
the  Director  of  the  Bureau  of  Mines  (or  the  Inspector  of  a  Division  when  so  author- 
ized   by  the  Commissioner  of  Crown   Lands)   may  grant  to   any  person,  registered 
partnership,  or  mining  company  incorporated  under  the  laws  of  the  Province  applying 
therefor  a  license  to  be   called  a  "  miner's  license,"  which  shall  be  in  force  for  one 
year  from  the  date  thereof,  and  shall  not  be  transferable  except  with  the  consent  of  the 
Director  of  the  Bureau  or  tlie  Inspector  of  the  Division  upon  payment  of  a  fee  of  $5. 


l-jo  STATE  AND  TERRITORIAL  MIXING  LAWS. 

13.  The  person,  partnership  or  company  named  in  a  license  shall  be  called  the 
"  licensee,"  and  upon  payment  of  the  fee  fixed  by  law  or  regulation,  such  licensee  si. all 
have  the  right  to  renewal  if  application  is  made  therefor  before  the  expiration  of  ;;,e 
license  or  within  ten  days  thereafter. 

14.  Every  licensee  shall  produce  and  exhibit  his  license  to  the   Inspector  for  tiie 
Division,  and  prove  to  the  satisfaction  of  the  Inspector  that  it  is  in  force,  at  the  time 
of  recording  his  claim,  and  at  any  other  time  when  required  by  the  Inspector  so  to  do. 

15.  A  miner's  license  shall   authorize  the  licensee  to  explore  any  portion  of  the 
Mining  Division  named  in  his  license,  and  to  mine  during  one  year  from  the  date  of 
the  license  on   any  mining  claim  marked  or  staked  out  by  such  licensee  on  Cro\\  n 
lands,  and  he  may  employ  any  person  to  assist  him  in  working  such  claim,  or  may  or- 
ganize a  company  to  work  the  same,  but  no  licensee  shall  have  the  right  to  cut  down 
or  use  any  timber  which  may  be  upon  his  claim  except   for  purposes  of  building, 
fencing  or  fuel,  or  other  purposes  necessary  for  working  the  mine  upon  the  said  claim. 

16.  A  licensee  who  discovers  a  vein,  lode  or  other  deposit  of  ore  or  mineral  in  place 
within  the  Division  mentioned  in  his  license  shall  have  the  right  to  mark  or  stake  out 
thereon   a  mining  claim,  providing  that  it  is  not  included  in  a  claim  occupied  by  an- 
other licensee,  or  is  not  on  Crown  lands  withdrawn  from  location  or  exploration,  or  on 
lands  the  minerals  and  mining  rights  whereof  have  been  reserved  by  the  Crown  ;  and 
he  shall  have  the  right  to  work  the  same,  or  he  may  transfer  his  interest  therein  to 
another  licensee  upon  payment  of  a  fee  of  $5'  to  the  Inspector  of  the  Division,  who 
shall  record  the  transfer  in  his  book. 

17.  If  the  working  conditions  have  been  complied  with  as  hereinafter  required  for 
a  period  of  four  years  on  a  claim  of  twenty  chains  square,  or  for  three  years  on  a  claim 
of  fifteen  chains  square  or  less,  or  when  the  equivalent  of  such  working  conditions  has 
been  complied  with  in  a  less  period  of  time  in  the  respective  cases,  the  licensee  may 
apply  for  and  obtain  a  certificate  of  full  performance  of  the  working  conditions  for  the 
claim  free  from  any  further  working  conditions,  renewal  fee  or  miner's  license  to  work 
the  same,  and  also  a  patent  or  lease  for  the  land  embraced  in  the  claim,  free  from  any 
further  working  conditions   and  miner's  license   to    work   the   same,  upon  a  survey 
thereof  being  made  and  filed  according  to  section   27  of  The  Mines  Act,  R.  S.  O. 
1897,  the  boundary  lines  in  each  survey  to  follow  the  courses  of  the  lines  of  the  claim 
as  originally  staked  out   and  recorded,  or  as  the  lines  may  have  subsequently  been 
altered,  changed  or  corrected  by  the  Inspector,  and  upon  payment  therefor  to  the  De- 
partment of  Crown  Lands  of  the  purchase  price  or  first  year's  rental  at  a  rate  per  acre 
as  provided  in  sections  31  and  35  respectively  of  the.said  Act ;  and   the  time  when 
the  royalties  may  begin  to  be  imposed  or  collected  upon   ores  or   minerals  mined, 
wrought  or  taken  from  a  claim  so  patented  or  leased  shall  be  reckoned  from  the  date 
of  recording  such  claim  in  the  Inspector's  office.     The  Commissioner  of  Crown  Lands 
in  granting  patents  under  this  regulation  may  grant  at  the  same  price  to  the  owner  of 
a  claim  any  contiguous  fraction  or  piece  of  land  not  staked  of  a  less  size  than  ten  acres 
if  surrounded  by  staked  claims. 

18.  A  mining  claim  shall  be  marked  or  staked  out  by  planting  a  discovery  post  of 
wood  or  iron  (on  which  is  written  or  stamped  the  name  of  the  licensee,  number  of  his 
license,  and  date  of  his  discovery)  upon  an  outcropping  or  show  of  ore  or  mineral  in 
place  within  the  boundaries  of  the  claim,  and  by  planting  at  each  of  the  four  corners 
a  post  of  wood  or  iron  in  the  order  following,  viz.:  No.  I.  at  the  northeast  corner, 
No.  II.  at  the  southeast  corner,  No.  III.  at  the  southwest  corner,  and  No.  IV.  at  the 
northwest  corner,  the  number  in  each  case  to  be  on  the  side  of  the  post  towards  the 
post  which  follows  it  in  the  order  in  which  they  are  named. 

19.  If  one  or  more  corners  of  a  claim  fall  in  any  situation  where  the  nature  or  shape 
of  the  ground  renders  the  planting  of  a  post  or  posts  impracticable,  such  corner  or 
corners  maybe  indicated  by  placing  at  the  nearest  suitable  point  a  witness  post,  which 
in  that  case  shall  contain  the  same  marks  as  those  prescribed  for  corner  posts,  together 
with  the  letters  "  w.  p."  (witness  post)  and  an  indication  of  the  bearing  and  distance 
of  the  site  of  the  true  corner  from  such  witness  post. 

20.  Where  there  are  standing  trees  upon  a  mining  claim  so  staked  out,  the  licensee 
shall  be  required  to  blaze  the  trees  and  cut  the  underbrush  along  the  boundary  lines 
of  the  claim,  and  also  along  a  line  from  the  first  corner  post  to  the  discovery  post. 

21.  A  mining    claim  shall  be   a  square    of  fifteen   chains   or' 990  feet,  horizontal 
measurement,   containing  twenty-two   and  one  half  acres,  or  of  sucli   other  exter.t, 
greater  o1"  less,  but  so  as  not  to  exceed  a  square  of  twenty  chains  or  1,326  feet,  cov- 


STATE  AND  TERRITORIAL  MINING  LAWS.  ,7I 

taining  forty  acres,  and  shall  be  laid  out  with  boundary  lines  running  north  and  south 
and  east  and  west  astronomically,  and  the  ground  included  in  each  claim  shall  be 
deemed  to  be  bounded  under  the  surface  by  lines  vertical  to  the  horizon;  but  an  irregu- 
lar portion  of  land  lying  between  two  or  more  claims  may  be  staked  out  with  boundar- 
ies conterminous  thereto,  provided  that  its  area  shall  not  exceed  forty  acres.  A  val- 
uable water-power  lying  within  the  limits  of  a  claim  shall  not  be  deemed  as  part  of  it 
for  the  uses  of  the  licensee. 

22.  No  more  than  one  claim  shall  be  staked  out  by  any  individual  licensee  upon 
the  same  vein,  lode  or  deposit  of  ore  or  mineral,  unless  such  claim  is  distant  at  least 
sixty  chains  from  the  nearest  known  mine,  claim  or  discovery  on  the  same  vein,  lode 
or  deposit,  but  no  licensee  shall  stake  out   and  record  in  the  same  Mining  Division, 
within  a  radius  of  fifteen  miles,  more  than  four  claims  in  one  calendar  year. 

23.  For  each  additional  mining  claim  after  the  first  marked  or  staked  out  by  a 
licensee,  whether  upon  the  same  vein,  lode  or  deposit,  or  upon  another,  he  shall  pay 
to  the  Inspector  of  the  Division  a  fee  of  |io  a  year  in  advance  when  recording  the 
same  if  the  area  is  more  than  twenty-two  and  one-half  acres,  and  $6  if  it  is  twenty-two 
and  one-half  acres  or  less,  and  a  like  fee  in  each  case  shall  be  paid  for  every  addi- 
tional claim  so  held  at  the  time  of  renewal  of  the  license. 

24.  Every  Inspector  of  a  Mining  Division  shall  keep  a  book   for  the  recording  of 
mining  claims  therein,  and  such  book  shall  be  open  to  inspection   by  any  person  on 
payment  of  a  fee  of  twenty  cents. 

25.  Every  licensee  who  has  marked  or  staked  out  a  mining   claim  shall,  within 
thirty  days  thereafter,  supply  under  oath  to  the  Inspector  of  the  Division   an  outline 
sketch  or  plan  thereof,  showing  the  discovery  post  and  corner  posts,  and  the  witness 
posts  (if  any),  and  their  distancesjrom  each  other  in  feet,  together  with  a  notice  in 
writing  setting  forth  under  oath  the  name  of  the  licensee  and  the   number  of  his 
license,  the  name  (if  any)  of  the  claim  and  its   locality  as  indicated  by  some  general 
description  or  statement,  the  length  of  the  boundary  lines  if  for  any  cause  they  are  not 
regular,  and  the  nature  of  such  cause,  the  situation  of  the  discovery  post  as  indicated 
by  distance  and  direction  from  the  first  corner  post,  the  time  when  discovery  of  ore  or 
mineral  was  made,  and  when  the  claim  was  marked  or  staked  out,  and  the  date  of  the 
said  notice;  and  every  licensee  shall  accompany  his  sketch  or  plan  and  notice  with 
an  affidavit  showing  the  discovery  of  valuable  ore  or  mineral  upon  the  claim  by  or  on 
behalf  of  such  licensee,  and  that  he  has  no  knowledge  and  has  never  heard  of  any 
adverse  claim  by  reason  of  prior  discovery  or  otherwise. 

26.  The  Inspector  shall  forthwith  enter  in  his  book  the  particulars  of  the  notice  of 
claim  presented  by  every  licensee,  and  shall  file  the  notice,  sketch  or  plan  and  affi- 
davit with  the  records  of  his  office,  and  if  there  is  no  dispute   as  to  the  rights  of  the 
licensee  to  the  claim  by  reason  of  prior  discovery  or  otherwise,  the   Inspector  may  at 
the  expiration  of  ninety  days  from  the  date  of  the  record  thereof  grant  to  the  licensee 
a  certificate  of  such  record. 

27.  If  the  licensee  fails  to  comply  with  the  provisions   of  Regulation  25  so  far  as 
they  relate  to  him,  or  if,  having  complied  with   them,  he  or  any  person  in   his  behalf 
shall  remove   any  post  for  the  purpose  of  changing  the  boundaries  after  the  plan  and 
notice  have  been  filed,  the  mining  claim  marked  or  staked  out  by  him  shall  be  deemed 
to  be  forfeited  and  abandoned,  and  a.ll  right  of  the  licensee  therein  shall  cease. 

28.  A  mining  claim  shall  also  be  deemed  to  be  forfeited  and   abandoned,  and  all 
right  of  the  licensee  therein  shall  cease  in  case  the  miner's  license  has  run  out  and  has 
not  been  renewed,  or  if  the  annual  fee  for  a  claim  has  not  been  prepaid,  or  if  $150 
has   not   been   expended  upon  each  claim  taken  up  except  as  hereinafter  provided 
in  stripping,  or   in   opening  up  mines,  in   sinking  shafts,  or  in  other  actual  mining 
operations,  exclusive  of  all  houses,  roads  and  other  like  improvements  in  every  cal- 
endar year,  and  the  said  expenditure  shall    consist  of  labor  actually   performed   l>v 
grown  men  to  be  computed  at  the  rate  of  $2  per  man  per  day.     Nevertheless  it  shall 
be  competent  for  the  licensee  to  prove  that  during  one  or  more  preceding  years  the 
extent  of  mining  operations  carried  on  lias  been  adequate  to  cover  the  requirements 
for  the  year  in    default,  in   which  case   the  claim   shall   not  be   cancelled,  and   the 
licensee  may  also  defeat  forfeiture  by  an  undertaking  with  satisfactory  security  to  ex- 
pend the  full  amount  of  labor  required  for  working  conditions  within    the  next  suc- 
ceeding year,  including  the  operations  in  default. 

29.  "For  every  five  claims  or  less  held  by  the  same  licensee  or  by  different  persons 
agreeing  to  combine  their  mining  operations  wiiuin   a   radius  of  one   mil-j,  all  such 


172 


STATE  AND  TERRITORIAL  MINING  LA\YS. 


mining  operations  may  he  carried  on  upon  one  of  the  claims ;  but  notice  of  an  inten- 
tion to  carry  on  such  operations  must  be  filed  with  the  Inspector,  and  a  record  of  all 
mining  operations  carried  on  by  a  licensee  during  his  license  year  verified  by  oath 
shall  be  filed  with  the  Inspector,  who  shall  enter  an  abstract  thereof  in  his  book. 

30.  A  licensee  may  at  any  time  abandon  a  mining  claim  by  giving  notice  in  writing 
to  the  Inspector  of  the  Mining  Division  of  his  intention  so  to  do,  and  from  the  date  of 
the  record  of  such  notice  in  the  Inspector's  book  all  interest  of  the  licensee  in  such 
claim  shall  cease. 

31.  A  party  wall  at  least  fifteen  feet  thick  (seven  and  one-half  feet  on  each  side  of 
the  boundary  lines)  shall  be  left  between  adjoining  claims  on  Crown  lands,  which 
shall  be  used  in  common  by  all  parties  as  a  roadway  for  all  purposes,  and  shall  not  be 
obstructed  by  any  person  throwing  soil,  stone  or  other  material   thereon ;  and  if  it  is 
found  necessary  or  expedient  to  remove  such   party  wall  the  person  so  removing  it 
shall,  if  required,  construct  a  new  roadway  in  no  wise  more  difficult  of  approach  than 
the  one  destroyed  by  the  removal  of  the  party  wall ;  and  every  person  obstructing  a 
party  wall  or  failing  to  construct  a  new  roadway  in  place  of  the  one  destroyed  shall 
be  liable  to  a  fine  of  not  more  than  $5  and  costs,  or  in  default  to  be  imprisoned  for 
any  period  not  exceeding  one  month. 

32.  No  person  mining  upon  Crown  lands  shall  cause   damage  or  injury  to  the 
holder  of  another  claim  by  throwing  earth,  clay,  stones  or  other  material  thereon,  or 
by  causing  or  allowing  water  to  flow  into  or  upon   such  other   claim  from  his  own, 
under  a  penalty  of  .not  more  than  $5  and  costs,  and  in  default  of  payment  he  may  be 
imprisoned  for  any  period  not  more  than  one  month. 

33.  Any  pei-son  who  removes  or  disturbs  with  intent  to  remove  any  stake,  picket  or 
other  mark  placed  under  the  provisions  of  the  Mines  Act  shall  forfeit  and  pay  a  sum 
not  exceeding  $20  and  costs ;  and  in  default  of  payment  may  be  imprisoned  for  any 
period  not  exceeding  one  month. 

34.  Any  person  contravening  Part  III.  of  the  Mines  Act  or  any  rule  or  regulation 
made  under  it,  in  any  case  where  no  other  penalty  or  punishment  is  imposed,  shall  for 
every  day  on  which  such  contravention  occurs,  or  continues,  or   is   repeated,  incur  a 
fine  of  not  more  than  $20  and  costs ;  and  in  default  of  payment  may  be  imprisoned 
for  a  period  not  exceeding  one  month. 

35.  Every  person  who  pulls  down,  injures  or  defaces  any  rules,  notice  or  abstract 
posted  up  by  the  owner  or  agent  of  a  mine  shall  be  guilty  of  an  offence  against  the 
Mines  Act. 

36.  Every  person  who  wilfully  obstructs  an  Inspector  in  the  execution  of  his  duty 
under  the  Mines  Act,  and  every  owner  or  agent  of  a  mine  who  refuses  or  neglects  to 
furnish  to  the  Inspector  the  means  necessary  for  making  an  entry,  inspection,  exami- 
nation or  enquiry  under  the  Mines  Act  in  relation  to  such  mine  shall  be  deemed  to  be 
guilty  of  an  offence  against  the  Act. 

37.  Every  Inspector  of  a  Mining  Division  may  convict  upon  view  of  any  of  the 
offences  punishable  under  the  provisions  of  Part  III.  of  the  Mines  Act  or  any  regula- 
tions made  thereunder. 

38.  The  Lieutenant-Governor  in  Council  may,  as  often  as  occasion  requires,  declare 
by  proclamation  that  he  deems  it  necessary  that  the  Act  respecting  Riots  near  Public 
Works  (R.  S.  O.  1897,  chap.  38)  shall,  so  far  as  the  provisions  therein  are  applicable, 
be  in  force  within  any  Mining  Division  ;  and  upon  and  after  the  day  to  be  named  in  any 
such  proclamation,  section   »  and  sections  3  to  II,  inclusive,  of  said  Act,  so  far  as  the 
provisions  thereof  can  be  applied  therein,  shall  take  effect  within  the  Mining  Division 
designated  in  the  proclamation  ;  and  the  provisions  of  the  said  Act  shall  apply  to  all 
persons  employed  in  any  mines,  or  in  mining  within  the  limits  of  such  Division,  as 
fully  and  effectually  to  all  intents  and  purposes  as  if  the  persons  so  employed  had  been 
specially  mentioned  and  referred  to  in  the  said  Act. 

39.  All  the  provisions  of  Part  IV.  of  the  Mines  Act,  R.  S.  O.,  1897,  being  the  Part 
under  the  heading  of  Mining  Regulations,  shall  apply  in  every  particular  to  all  mines 
and  other  openings  from  which  ore  or  mineral  of  any  kind  or  class  is  raised  or  taken, 
and  to  all  works  for  smelting,  milling  or  otherwise  treating  ores  or  mineral  for  any 
economic  objects,  which  are  situated  within  the  limits  of  a  mining  division. 


DETERMINATION  OF  MINERALS. 


Chemical  Elements. 

Ninety-nine  hundredths  of  the  earth's  crust  is  composed  of  less  than  sixteen  ele- 
ments and  their  chemical  and  physical  compounds.  An  element  is  a  primary  sub- 
stance. It  cannot  be  made  by  uniting  different  things,  nor  can  it  be  separated  into 
anything  unlike  itself.  A  compound  is  made  up  of  two  or  more  elements.  A  chem- 
ical compound  generally  is  one  wherein  the  things  composing  it  are  so  changed  as 
not  to  be  recognized  by  one  or  more  of  the  senses  of  sight,  taste,  touch,  or  smell.  A 
physical  compound  generally  is  one  wherein  the  substances  composing  it  are  un- 
changed, or  so  slightly  changed  as  to  be  observed  without  difficulty.  To  illustrate. 
water  is  the  chemical  union  of  oxygen  and  hydrogen,  invisible  gases.  Common  salt 
is  a  white  substance  composed  chemically  of  a  green  gas  (chlorine)  and  a  silvery 
metal  (sodium).  On  the  other  hand,  if  salt  and  iron  filings  be  placed  together  and 
thoroughly  mixed,  the  eye  can  easily  tell  the  iron  from  the  salt  If  sugar  be  dissolved 
in  a  cup  of  water,  the  water  looks  unchanged,  and  the  sense  of  taste  can  detect  the 
sugar.  The  first  two  are  chemical  compounds,  the  last  two  physical. 

Thirty-six  Elements.* 

Non-metallic  Elements.  Gases. — Oxygen,  Hydrogen,  Nitrogen,  Chlorine,  Fluorine. 
Liquid. — Bromine.  Solids. — Silicon,  Carbon,  Sulphur,  Phosphorus,  Iodine,  Boron. 

Metals  and  Metalloids.— Gold,  Silver,  Copper,  Mercury  (Quicksilver),  Lead,  Tin, 
Zinc,  Nickel,  Iron,  Aluminium,  Antimony,  Arsenic,  Barium,  Bismuth,  Cadmium,  Cal- 
cium, Chromium,  Cobalt,  Magnesium,  Manganese,  Platinum,  Potassium,  Sodium, 
Strontium. 

Very  few  elements  are  found  pure  in  the  earth.     Nearly  all  occur  as  compounds. 

Oxygen  is  the  great  compounder.  Oxygen  one-fifth  mixed  with  nitrogen  four-fifths, 
makes  the  air  about  us.  It  chemically  unites  with  every  known  element  except  fluor- 
ine, forms  one-half  the  earth's  crust,  eight-ninths  of  water,  four-fifths  of  vegetables 
(by  weight),  and  three-fourths  of  animals  (by  weight). 

Oxygen  united  with  the  non-metallic  elements  forms  Acids,  for  example,  Sulphuric 
Acid,  Nitric  Acid.  With  the  other  elements  it  forms  Bases.  Acids  and  Bases  united, 
form  most  of  the  Minerals.  Chemical  composition  is  indicated  by  the  use  of  the  ter- 
minations ide  and  ale.  Ide  indicates  the  union  of  two  elements.  Ate  shows  at  least 
three  elements,  one  of  which  is  oxygen,  and  indicates  a  compound  of  an  acid  with  a 
base. 

Sodium  Chloride  (salt)  is  a  union  of  sodium  and  chlorine.  Silver  Sulphide,  sulphur 
and  silver.  Copper  Oxide,  copper  and  oxygen.  Iron  Sulphate  (green  vitriol)  shows 
that  oxygen  is  united  with  iron  and  sulphur.  Calcium  Carbonate  (limestone)  is  com- 
posed of  calcium,  carbon  and  oxygen;  that  is,  of  lime  and  carbonic  acid. 

*  About  seventy  elements  are  recognized  by  chemists. 
(»73) 


I74  DETERMINATION  OF   MINERALS. 

Hydrogen  forms  one-ninth  part  of  water.  This  gas  is  the  lightest  of  known  sub- 
stances. It  burns  freely  with  a  bluish  flame. 

A'itrogen  makes  80  per  cent,  of  the  atmosphere,  yet  by  itself  destroys  animal  life. 

Chlorine  is  2j^  times  as  heavy  as  air,  and  united  with  sodium  forms  common  salt. 
It  is  a  useful  element  in  other  compounds. 

fluorine  forms  with  calcium  fluor  spar,  and  with  hydrogen  hydrofluoric  (fluohydric) 
acid,  used  to  etch  on  glass. 

Silicon  combined  with  oxygen,  forms  silica  or  quartz. 

Carbon,  pure,  is  a  solid,  and  forms  the  principal  part  of  coal,  plumbago  and  bitumen. 
Charcoal  is  almost  pure  carbon.  Diamond  is  pure  carbon  crystallized.  United  with 
oxygen  it  forms  carbonic  acid,  and  this  acid,  in  combination,  forms  a  class  of  minerals 
called  carbonates.  Limestone  is  carbonate  of  lime. 

Sulphur  is  a  yellow  brittle  solid.  It  is  most  abundant  in  volcanic  regions.  Com- 
bined with  metals,  it  forms  a  class  of  minerals  called  sulphurets  or  sulphides. 

Phosphorus  is  a  white,  waxy  substance.  It  is  quite  abundant  in  nature  in  combina- 
tions. With  lime  and  oxygen  it  forms  the  phosphate  of  lime. 

Aluminium  is  found  only  in  compounds.  With  oxygen  it  forms  alumina,  of  which 
the  gems  ruby  and  sapphire  are  pure  specimens.  It  largely  constitutes  clay  and  feld- 
spar. 

Potassium  is  one  of  the  lightest  of  metals.    With  oxygen  it  makes  potassa  or  potash. 

Sodium  with  oxygen  forms  soda. 

Calcium  with  oxygen  makes  lime. 

Magnesium  with  oxygen  forms  magnesia,  an  abundant  substance  in  the  composition 
of  many  rocks. 

The  other  elements  are  either  well  known  or  would  require  too  much  space  for  de- 
scription. 

Mineral  and  Rock  Denned. 

A  mineral  is  an  element  or  two  or  more  elements  chemically  united  as  found  in 
nature.  Water  is  a  mineral.  A  rock  generally  lacks  definite  chemical  composition, 
and  usually  consists  of  two  or  more  minerals  physically  united  or  mixed,  and  found  in 
nature.  If  a  man  makes  a  hard  substance  by  mixing  sand  and  cement,  it  is  not  a  rock 
or  a  mineral,  because  not  found  in  nature. 

Scientists  usually  distinguish  minerals  from,  rocks  in  their  names.  The  names  of 
minerals  usually  end  in  ite,  the  names  of  rocks  in  yte.  Halite  is  the  mineral  common 
salt.  Trachyte  is  a  common  rock  in  mining  regions.  Dioryte,  Phonolyte,  Doleryte, 
are  rocks.  The  rock  well  known  as  Granite  will  probably  maintain  its  old  spelling. 
There  are  about  700  well  known  minerals;  of  these  200  are  ides,  200  are  silicates,  and 
300  are  other  ates — sulphates,  etc. 

Kinds  of  Rocks. 

Dana  divides  the  kinds  of  rocks  into  three  classes  : 

1.  Fragmental  Rocks — except  limestones. 

2.  Limestones  or  Calcareous  Rocks. 

3.  Crystalline  Rocks — except  limestones. 

The  First  or  Fragmental  Class 

Embraces  I.  Conglomerate,  made  up  of  pebbles  and  boulders.  2.  Grit,  coarse  sand 
stone.  3.  Sandstone.  4.  Sand-Rock,  made  of  sand  not  siliceous.  5.  Shale,  uneven 
slaty  rock  of  varied  colors.  6.  Argillyte,  flagstone.  7.  Tufa,  volcanic  sand-rock.  8. 


DETERMINATION   OF  MINERALS.  I?5 

Saiul  and  Gravel.     9.    Green  Sand.     lo.    Clay.     n.  Alluvium  Sill  and  Till.     12. 
Tripolyte,  infusorial  earth. 

The  Second  or  Limestone  Class 
Is  divided  into  two  sections,  I.  Not  Crystalline,  and  2.  Crystalline. 

I.  Massive  Limestone.  2.  Magnesian  Limestone  or  Dolomyte.  3.  Chalk.  4. 
Marl.  5.  Travertine,  and  6.  Stalagmites,  are  included  in  the  first  section. 

The  Crystalline  Limestone  embraces  I.  Marble.     2.  Dolomyte. 

The  Third  or  Crystalline  Class 

Embraces  the  siliceous  rocks,  and  all  the  crystalline  rocks  except  marbles.     It  is  di- 
vided into  nine  groups. 

ist  Group — Siliceous  Rocks. 

I.  Quartzyte,  siliceous  sandstone.  2.  Itacohtmyte,  schistose,  mica  and  quartz  grains. 
3.  Siliceous  Slate.  4.  Chert,  an  impure  flint.  5.  Jasper  Rock,  flinty  red  or  yellow 
rock.  6.  Buhrstone,  cellular  flinty  rock.  7.  Fioryte,  opal  or  pearl  silica. 

2d  Group — Mica  and  Potash  Feldspar  Series. 

I.  Granite.  2.  Granulyte,  contains  no  mica.  3.  Gneiss,  in  layers.  4.  Proto- 
gene.  5.  Mica  Schist,  largely  of  mica.  6.  Hydromica  Schist.  7.  Paragonite  Schist, 
contains  soda.  8.  Minette.  9.  Greisen.  10.  Mica-Argillyte,  variety  of  flagging 
stone.  II.  Felsyte,  compact  orthoclase.  12.  Porcelanytt,  baked  clay.  13.  Trachyte, 
mainly  of  feldspar.  14.  Pearhtone,  including  Obsidian  and  Pumice.  15.  Leucityte. 

3d  Group — Mica  and  Soda,  Lime,  Feldspar  Series. 

I.  Kersantyte.  2.  Kinzigyte.  3.  Miascyte.  4.  Ditroyte.  5.  Phonolyte,  clink- 
stone. 

4th  Group — Hornblende  and  Potash  Feldspar  Series. 

I.  Syenyte,  of  which  the  pyramids  are  made.  2.  Syenyte  Gneiss,  like  gneiss,  with 
mica  replaced  by  hornblende.  3.  Hornblende  Schist.  4.  Amphibolyte.  5-  Actino- 
lyte.  6.  Unakyte.  7.  Zircon-Syenyte.  8.  Foyayte. 

5th  Group — Hornblende  and  Soda,  Lime,  Feldspar  Series. 
I.  Dioryte,  greenstone.     2.  Andesyte.     3.  Labradoryte.     4.   Corsyte.     5.  Isenite. 
6.  Euphotide. 

6th  Group — Pyroxene  and  Soda,  Lime,  Feldspar  Series. 
I.  Augite- Andesyte.     2.   Koryte,  gabbro.     3.   Hypersthenyte.     4.  Doleryte,  basalt, 
trap.     5.  Eucryte.     6.  Amphigenyte.     7.  Nephelinyte.     8.    Tachylyte. 

7th  Group — Pyroxene,  Garnet,  Epidote  and  Chrysolite  Rocks,  with  little  OJ 

no  Feldspar. 

I.  Pyroxenyte.  2.  Garnetyte.  3.  Eclogyte.  4.  Epidosyte.  5.  Eulysyte.  6. 
C'-irysolyte.  J.  Lherzolyte.  8.  Picryte.  9.  Limburgyte. 

8th  Group— Hydrous  Magnesian  and  Aluminous  Rocks. 
I.   Chlorite- Schist.     2.   Chlorite-Argillyte.     3.    Talcose-Schist.     4.   Steatyte,   soap- 
stone.     5.  Serpentine,  greasy  green    rock.     6.   Ophiolyte,  verd-antique   marble.     7. 
Pyrophyllyte,  slate  of  a  soapy  feeling. 


I76  DETERMINATION  OF  MINERALS. 

gth  Group — Iron  Ore  Rock. 

I.  Hematyte,  specular  iron  ore.  2.  Ilabyryte,  mica  schist  with  hematyte  leaves. 
3.  Magnetyte,  magnetic  iron  ores.  4.  Menaccanyte,  titanic  iron  ore.  5.  Franklinyte, 
with  zinc  and  manganese. 

Characteristic  Properties  of  Minerals. 

The  physical  properties  of  minerals  are  useful  in  their  determination,  and  will 
usually  establish  their  identity  without  a  chemical  test.  These  properties  are  cleavage, 
fracture,  hardness,  tenacity,  specific  gravity,  luster,  color,  fusibility,  transparency, 
malleability,  sectility,  elasticity,  taste,  and  odor.  The  manner  of  crystallization  is  also 
an  important  characteristic,  since  each  mineral  generally  is  crystallized  in  only  one 
distinct  system. 

Hardness. 

The  scale  of  hardness  is  Talc,  i;  Rock-salt,  2 ;  Calc  Spar,  3 ;  Fluor  Spar,  4 ;  Apa- 
tite, 5  ;  Feldspar,  6 ;  Quartz,  7  ;  Topaz,  8  ;  Sapphire,  9 ;  Diamond,  10.  To  illustrate, 
a  mineral  that  will  scratch  apatite  and  is  scratched  by  feldspar,  is  said  to  have  a  hard- 
ness between  5  and  6.  A  simpler  scale  is  suggested,  thumb-nail,  knife  and  quartz 
crystal.  The  thumb-nail  will  scratch  I,  2  and  3.  A  knife  will  cut  from  I  to  6.  In 
fact,  many  miners  trust  entirely  to  their  knives  to  settle  the  question  of  hardness. 
Minerals  that  will  scratch  quartz  crystals  are  rare.  A  still  more  readily  useful  scale, 
represented  by  ordinary  and  well-known  substances,  is  as  follows:  I,  Talc;  2,  Rock- 
salt;  3  to  4,  Copper;  4  to  5,  Soft  Wrought-iron ;  5  to  6,  untempered  or  soft  steel;  7, 
Quartz.  Higher  than  this  it  will  not  ordinarily  be  found  necessary  to  test. 

Fracture. 

Fracture  is  conchoidal,  when  the  mineral  breaks  in  curved  surfaces,  like  flint;  it 
may  also  be  even,  uneven,  or  hackly.  Tendency  to  fracture  regularly  on  certain 
planes  is  called  cleavage. 

Luster. 

Luster  may  be  metallic,  adamantine,  vitreous,  resinous,  pearly,  or  silky;  each  kind 
being  indicated  by  its  name. 

Fusibility. 

The  fusibility  of  minerals  ranges  from  those  melting  in  a  candle  flame  to  those 
which  can  not  be  fused  with  the  blow-pipe,  and  this  range  is  represented  by  a  scale 
of  six  divisions. 

Specific  Gravity. 

This  refers  to  comparison  of  weight.  Pure  water  is  taken  as  the  standard.  The 
mineral  is  attached  by  a  slender  thread  beneath  one  side  of  a  balance,  or  under  a 
spring  scale,  and  its  weight  found.  Next  let  the  mineral  hang  in  a  glass  of  water,  and 
as  it  thus  hangs,  find  again  its  weight.  It  will  be  less  than  before.  Subtract  the 
weight  in  water  from  the  weight  in  the  air,  and  divide  this  difference  into  the  weight 
in  air.  For  example,  suppose  a  piece  of  iron  in  air  weighs  460  grains,  in  water  401.16 
grains.  460  —  401.16  =  58.84,  difference.  460  divided  by  58.84  equals  7.8,  the 
specific  gravity  of  iron.  It  will  not  usually  be  necessary  to  determine  the  specific 
gravity  of  a  mineral,  but  simply  to  compare  the  weight  with  that  of  an  equal  quantity 
of  some  known  substance. 

Crystallization. 
The  different  forms  of  crystals  are  divided  into  different  systems  in  accordance  with 


DETERMINATION  OF   MINERALS. 


177 


the  positions  of  the  axes  or  direction-lines  of  the  crystals.     These  systems  are  six  in 
number,  viz.: 

(1)  The  ISOMETRIC  SYSTEM,  in  which  the  crystal  has  three  equal  axes  each  at 
a  right  angle  with  the  plane  of  the  other  two,  for  example,  the  cube,  in  which  form 
galenite  usually  occurs. 

(2)  The  TETRAGONAL  SYSTEM,  in  which  the  crystal  has  two  equal  axes  at  right 
angles,  and  an  unequal  axis  at  a  right  angle  to  the  plane  of  the  two  first  named.  j 

(3)  The  ORTHORHOMBIC  SYSTEM,™  which  there  are  three  unequal  axes,  each  at 
a  right  angle  with  the  plane  of  the  other  two. 

(4)  The  MONOCLINIC  SYSTEM,  in  which  there  are  three  axes,  one  of  which  is  in- 
clined to  the  plane  of  the  other  two  at  an  oblique  angle  (less  than  a  right  angle). 

(5)  The  TRICLINIC  SYSTEM,  in  which  each  of  the  three  axes  is  inclined  to  the 
plane  of  the  others  at  an  oblique  angle. 

(6)  The  HEXAGONAL  SYSTEM,  which  has  three  axes  in  one  plane  at  equal  angles 
from  each  other  and  of  equal  length,  intersected  by  a  vertical  axis  of  unequal  length. 
The  crystals  of  quartz  belong  to  this  system. 

Testing. 

It  is  assumed  in  the  following  description  of  simple  tests  that  the  prospector  is 
chiefly  interested  to  know  whether  a  specimen  of  mineral  is  likely  to  have  any  com- 
mercial value  as  an  ore;  and  that,  if  no  such  value  exists,  he  does  not  care  to  further 
examine  it.  The  word  ore,  as  used  here,  means  either  a  distinct  mineral  or  a  mixture 
of  minerals  which  contains  some  metal  in  sufficient  quantity  to  make  it  commercially 
valuable.  Most  of  the  valuable  minerals  are  hereafter  described  briefly. 

The  precious  metals  (gold  and  silver)  are  usually  contained  in  ordinary  shipping 
ores  in  such  a  small  proportion  that  only  the  most  careful  tests  can  discover  them,  the 
remainder  of  the  ore  being  composed  of  some  valueless  material,  such  as  quartz  or 
spar,  or  of  less  valuable  metallic  ores.  While  a  comparatively  inexperienced  man 
may  determine  by  simple  tests  when  he  has  a  very  rich  ore  of  the  precious  metals,  he 
would  not  usually  be  able  to  detect  the  presence  of  the  precious  metals  in  an  ore 
which  might  be  valuable,  though  not  extremely  rich,  and  must  leave  this  to  the  as- 
sayer. 

The  ores  of  gold  and  silver  present  such  varieties  of  character  that  a  description 
here  of  all  of  the  modes  of  occurrence  would  be  impracticable.  They  often  occur 
with  other  metallic  minerals,  and  quite  often  in  quartz  or  other  rock  which  appears  to 
be  merely  stained  or  discolored.  As  a  rule,  in  a  region  where  gold  or  silver  is  likely 
to  occur,  it  is  well  to  test  any  metaliferous  mineral  for  gold  or  silver ;  but  it  does  not 
follow  that  they  will  always  be  found  there. 

On  the  other  hand,  ores  of  the  non-precious  metals,  to  be  valuable,  require  the  pres- 
ence of  a  much  larger  proportion  of  the  metal,  and  are  usually  easily  determined  by 
a  few  tests,  if  not,  as  in  most  cases,  readily  recognizable  at  sight  after  being  once  iden- 
tified. 

Simple  tests  for  determining  the  presence  of  each  of  the  more  important  metals  are 
given  below.  The  following  appliances  and  reagents  are  required. 

Prospector's  Outfit  for  Testing  Minerals. 

(1)  Blow-pipe.     These  may  be  had  from  fifty  cents  up. 

(2)  Tallow  candle,  or  alcohol  lamp.     The  candle  is  sufficient  for  any  ordinary  pur- 
pose. 


178  DETERMINATION  OF  MINERALS. 

(3)  Two  ounces  Sodium  Carbonate. 

(4)  Two  ounces  pulverized  Borax. 

(5)  Two  ounces  Bone  Ash,  fine. 

(6)  Two  ounces  Nitric  Acid. 

(7)  Two  ounces  Hydrochloric  Acid. 

(8)  Eight  ounces  Quicksilver. 

(9)  Six  inches  of  fine  platinum  wire. 

(10)  A  small  flat  piece  of  steel  about  i^//xfi'/x2//. 

(11)  A  small  hammer. 

(12)  A  small  pair  of  fine-pointed  forceps. 

(13)  Six  glass  test-tubes,  each  six  inches  long. 

(14)  A  small  horseshoe  magnet,  two  inches  long. 

(15)  A  small  magnifying  glass. 

The  bottles  should  have  ground-glass  stoppers,  should  be  of  uniform  size,  and  have 
square  corners,  and  should  be  securely  packed  so  as  not  to  touch  each  other,  in  a 
small  wooden  box  expressly  made  for  them,  the  depth  of  which  should  be  just  that  of 
the  bottles  with  the  stoppers  in.  The  lid  should  be  attached  by  hinges  and  fastened 
with  screws  or  hooks.  The  entire  outfit  should  cost  not  over  five  to  ten  dollars,  and 
may  be  made  up  at  any  good  druggist's  in  the  mining  supply  towns.  The  amount  of 
space  required  for  these  articles  is  inconsiderable. 

Charcoal,  for  use  with  the  blow-pipe,  may  be  made  when  required,  and  should  be 
well-burned,  smooth  and  close-grained. 

Use  of  the  Blow- Pipe. 

Try  first  to  obtain  a  steady  stream  of  air  from  the  lips,  inhaling  through  the  nostrils 
alone,  and  keeping  the  cheeks  distended  all  the  time  with  air.  Notice  that  the  flame 
has  two  parts — an  outer  yellow  one  (the  oxidizing  flame,  abbreviated  O.  F.),  and  an 
inner  blue  one  (the  reducing  flame,  abbreviated  R.  F.).  These  often  produce  differ- 
ent results. 

The  blow-pipe  is  used  in  several  different  ways :  to  fuse  the  mineral  on  charcoal, 
alone  or  with  fluxes,  or  to  produce  a  metallic  button  from  it ;  to  oxidize  the  mineral 
and  cause  a  coat  of  the  oxide  of  the  base  to  form  upon  the  charcoal ;  to  make  small 
borax  beads  to  which  a  small  quantity  of  the  mineral  may -give  a  distinctive  coloring; 
to  ascertain  what  color,  if  any,  is  imparted  to  the  flame  by  the  mineral ;  and  in  the 
hands  of  an  experienced  prospector  it  may  even  make  a  fire  assay  for  gold  or  silver, 
by  reduction  with  lead  and  cupellation  of  the  lead  button.  This  latter  would  be  too 
delicate  an  operation  for  a  novice  to  attempt. 

It  should  be  remembered  that  with  the  small  amount  of  heat  available,  though  con- 
centrated, only  a  small  amount  of  mineral  can  be  treated.  The  amounts  used  should, 
therefore,  be  very  small ;  when  testing  for  fusibility,  not  larger  than  a  pin-head ;  when 
used  to  produce  a  coat  or  to  form  a  metallic  button,  a  portion  of  the  powder  which 
can  be  held  on  ^  inch  of  the  point  of  a  small  pen-knife  blade ;  when  testing  for  color 
in  a  bead,  as  much  of  the  fine  powder  as  will  stick  to  one  side  of  a  bead  about  j^  inch 
in  diameter,  or  smaller. 

Simple  Tests  for  Ores  of  the  Valuable  Metals. 

Suppose  you  have  an  unknown  metallic  compound  to  be  tested  by  the  simple  means 
provided  for  in  the  outfit  described. 

First,  note  its  color,  luster,  cleavage  and  comparative  hardness  by  a  careful  exami- 
nation. 


DETERMINATION  OF  MINERALS.  Xy9 

Second,  take  a  small  sample  of  the  ore  and  rub  it  to  a  fine  powder  on  the  flat  steel 
with  the  hammer.  Take  a  small  quantity  of  the  powder  on  the  point  of  a  knife-blade, 
mix  with  two  parts  of  carbonate  of  soda ;  place  this  in  a  small  hollow  made  in  the 
surface  of  a  flat  piece  of  charcoal;  direct  first  the  point  of  a  blue  flame  upon  it  for 
several  minutes,  until  the  entire  mass  is  fused.  Remove  the  entire  mass  from  the 
charcoal,  and  pulverize  it  upon  the  steel.  .  If  metallic  buttons  are  found  in  the  fused 
mass  they  may  be  either  of  the  following  metals :  (i)  iron,  nickel  or  cobalt,  which  are 
all  attracted  by  the  magnet,  and  are  distinguished  one  from  the  other  by  the  color  im- 
parted to  a  borax  bead ;  (2)  copper,  distinguished  by  its  color,  and  by  the  color  given 
to  a  bead  or  to  a  flame ;  (3)  telluritim,  bismuth,  lead,  tine  or  antimony,  all  of  which 
volatilize  more  or  less  completely,  and  may  be  recognized  by  their  sublimates  or  coats 
upon  the  charcoal;  and  finally,  (4)  gold,  silver  or  tin.  One  or 'more  of  the  metals 
named  may  be  found  in  the  globules.  Other  metals  would  either  not  reduce  to 'but- 
tons ordinarily,  or  would  entirely  volatilize. 

Third,  to  test  for  coating  on  charcoal.  Collect  the  buttons  found  in  a  hollow  on 
the  flat  surface  of  the  coal  and  direct  the  point  of  the  outer  or  yellow  blow-pipe  flame 
upon  them  for  a  short  time.  Observe  whether  fumes  are  given  off  which  coat  the 
charcoal  around  the  button.  Do  not  confuse  white  ashes  on  the  coal  with  a  white 
coat.  Lead  will  give  a  sulphur-yellow  coat.  This  is  a  most  definite  test.  Zinc  is 
distinguished  by  a  heavy  white  coat,  which  easily  disappears;  antimony  gives  a  bluish- 
white  coat  and  heavy  white  fumes;  bismuth  gives  a  dark  yellow  coat,  which  collects 
near  the  ore;  tin  will  give  a  very  small  ring  of  white  coat  near  the  ore ;  tellurium 
will  give  a  white  or  yellowish  coat,  which  volatilizes  in  the  reducing  flame,  giving  to 
the  flame  a  greenish  color. 

Fourth,  if  not  satisfactorily  determined  by  the  coat,  form  another  button  of  the 
metal.  Remove  the  button  from  the  attached  slag  and  flatten  on  the  steel.  Place 
about  twenty  drops  of  nitric  acid,  diluted  one-half  with  pure  water,  in  a  thin  test  tube; 
put  the  button  in  it  and  heat  gently  over  the  candle  flame.  If  it  does  not  dissolve  the 
button  is,  at  least  in  part,  gold.  If  it  dissolve,  it  may  be  any  of  the  others.  [A  but- 
ton of  gold  or  silver  is  easily  absorbed  b^  an  excess  of  qnicksilver  also.]  If  the  button 
contains  any  large  proportion  of  gold,  with  silver,  it  will  be  yellowish  in  color,  and  the 
acid  will  scarcely  attack  it;  but  if  it  have  two-thirds  or  more  of  silver,  the  color  of  the 
gold  is  hardly  perceptible.  In  the  latter  case  the  button  dissolves  readily  in  the  acid, 
leaving  the  gold  in  brown  flakes. 

fifth,  test  for  the  color  produced  in  a  clear  borax  bead.  Take  the  piece  of  fine 
platinum  wire,  bend  ^  inch  of  the  end  over  so  as  to  form  a  small  hook.  Heat  the 
wire  in  the  candle  flame  and  dip  it  while  hot  in  the  pulverized  borax.  Melt  what 
adheres  to  it  into  a  clear  bead,  in  the  blow-pipe  flame.  The  bead  will  be  ^  inch  to 
l/%  inch  in  diameter.  Dip  this  lightly,  while  warm  and  soft,  into  the  powdered  min- 
eral. A  small  part  of  the  powder  will  adhere.  Direct  the  point  of  yellow  flame  upon 
the  bead  for  a  short  time  until  the  whole  is  completely  fused  again.  Note  the  color 
of  the  bead.  Then  direct  the  point  of  the  blue  flame  alone  upon  it  for  a  short  time 
and  again  note  the  color. 

Copper  will  give  a  clear  green  bead  in  the  outer  flame,  and  an  opaque  bead  ot 
copper-red  color  in  the  inner. 

Silver,  zinc,  tin  and  lead  will  give  colorless  beads,  or  nearly  so,  in  the  outer  flame. 

Iron  will  give  a  reddish-brown  color  in  the  outer  flame  when  hot,  which  is  yellow 
when  cool.  In  the  inner  flame  it  gives  a  bottle-green  bead. 

Manganese  will  give  a  bead  which  is  violet  when  hot  and  red  to  brown  when  cold 


Z8o  DETERMINATION   OF  MINERALS. 

in  the  outer  flame. — If  an  ore  containing  manganese  is  fused  with  a  carbonate  of  soda 
bead  on  the  platinum  wire,  the  color  of  the  bead  will  be  pea-green. 

Nickel  gives  red  to  brown  in  the  outer  flame,  cloudy  or  grayish  in  the  inner  flame. 

Cobalt  gives  a  deep  blue  bead  in  both  flames. 

Sixth,  test  for  flame  coloration.  But  few  of  the  metals  impart  a  characteristic  color 
to  the  flame.  To  make  the  test,  take  a  platinum  wire  which  is  perfectly  clean,  moisten 
the  hook  on  the  end  slightly,  and  dip  it  in  the  finely  pulverized  ore.  Hold  it  in  the 
outer  flame  of  the  blow-pipe.  Copper  will  give  to  the  flame  a  bright  emerald  green 
color.  Antimony  will  give  a  faint  greenish-blue.  Other  colorations  produced  are : 
Yellow,  sodium;  violet,  potassium;  yellowish-red,  lime;  yellowish-green,  barium; 
bluish-green,  phosphorus;  yellowish-green,  borates;  light-blue,  arsenic. 

Having  made  the  above  six  tests,  it  becomes  almost  certain,  by  some  definite  reac- 
tion or  want  of  reaction,  as  to  whether  the  mineral  contains  any  metal  ordinarily  val- 
uable. 

If  the  metallic  globule  contains  lead,  a  more  complete  test  as  to  its  also  containing 
gold  or  silver  is  to  cupel  it  in  a  little  hollow  in  the  coal,  filled  with  fine  bone-ash,  pre- 
viously wet,  packed  in,  hollowed  slightly  on  the  surface  and  allowed  to  dry.  Use 
only  the  oxidizing  flame,  which  direct  continually  on  the  button.  [It  is  necessary  to 
form  a  metallic  button  before  beginning  the  cupellation,  as  before  directed,  by  fusion, 
with  carbonate  of  soda  on  charcoal.]  Under  the  oxidizing  flame  the  metals  in  the 
button  will  oxidize,  except  the  gold  and  silver,  and  the  melted  oxides  will  be  absorbed 
by  the  porous  bone-ash.  The  precious  metals  will  remain  behind  alone  if  the  test  be 
carefully  made.  This  is  a  difficult  test  to  make,  and  a  beginner  may  not  accomplish  it. 

To  test  for  mercury,  heat  the  sample  moderately  in  the  candle  flame  only,  after 
placing  with  two  parts  of  soda  in  a  test  tube.  A  coating  of  mercury  will  be  formed 
inside  of  the  tube,  if  contained  in  the  mineral.  This  may  be  collected  into  small 
globules  by  gently  rapping  the  tube.  To  test  for  sulphur,  fuse  with  sodium  carbonate 
on  charcoal,  remove  and  pulverize  the  mass,  place  on  a  bright  silver  coin  and  dampen. 
If  sulphur  is  present  the  coin  will  become  dark  under  the  mass.  Carbonates,  or  min- 
erals containing  carbonic  acid,  when  treated*  with  dilute  nitric  or  hydrochloric  acid, 
will  effervesce  briskly.  This  is  no  indication  of  value,  as  the  carbonate  most  often 
found  is  limestone. 


DESCRIPTIONS  OF  THE  MINERALS  ORDINARILY  VALU- 
ABLE, AND  OF  SOME  OF  THE  ORDINARY  GANGUES. 

(i)  GANGUES. 

These  are  usually  the  valueless  non-metallic  minerals  occurring  with  metallic  min- 
erals in  an  ore  deposit;  the  word  may  also  apply  to  any  valueless  mineral  interspersed 
through  ore.  The  most  common  of  these  is  quartz. 

Quartz  occurs  of  nearly  every  color,  and  of  various  degrees  of  glassy  lustre  to  a  dull 
stone  without  the  slightest  glistening.  The  common  grayish  cobble-stones  of  the  fields 
are  often  quartz,  and  others  are  dull  red  and  brown ;  from  these  there  are  gradual 
transitions  to  the  pellucid  quartz  crystal  that  looks  like  the  best  of  glass.  Sandstones 
and  freestones  are  often  wholly  quartz,  and  the  seashore  sands  are  mostly  of  the  same 
material. 

Let  the  first  trial  of  specimens  obtained  be  made  with  a  file,  or  the  point  of  a  knife, 
or  some  other  means  of  trying  the  hardness;  if  the  file  makes  no  impression,  there  is 
reason  to  suspect  the  mineral  is  quartz;  and  if  on  breaking  it,  no  regular  structure  or 
cleavage  plane  is  observed,  but  it  breaks  in  all  directions  with  a  similar  surface  and  a 


DETERMINATION  OF  MINERALS.  !8i 

more  or  less  vitreous  lustre,  the  probability  is  much  strengthened  that  this  conclusion  is 
correct.  The  blow-pipe  may  next  be  used ;  and  if  there  is  no  fusion  produced  by  it 
in  a  careful  trial,  there  can  be  little  doubt  that  the  specimen  is  in  fact  quartz. 

Calcite  (calcium  carbonate),  including  limestone,  is  another  very  common  species. 
If  the  mineral  is  rather  easily  impressible  with  a  file,  it  may  be  of  this  species;  if  it 
effervesces  freely  when  placed  in  a  test-tube  containing  dilute  hydrochloric  acid,  and 
is  finally  dissolved,  the  probability  of  its  being  carbonate  of  lime  is  increased.  If  the 
blow-pipe  produces  no  trace  of  fusion,  but  a  brilliant  light  from  the  fragment  before 
it,  but  little  doubt  remains  on  this  point.  Crystalline  fragments  of  calcite  break  with 
three  equal  oblique  cleavages. 

Barite,  or  Heavy  Spar,  is  also  a  common  gangue.  It  is  usually  white,  heavy  (spe- 
cific gravity  about  4.5),  will  not  dissolve  in  acid;  but  when  moistened  with  acid  im- 
parts a  yellowish-green  color  to  the  flame.  Hardness  is  2.5  to  3.5.  It  crystallizes 
usually  in  flat  tubular  crystals. 

Fluorite,  or  fluor  spar,  is  less  common.  It  consists  of  fluoride  of  calcium.  Its  hard- 
ness is  4.  Specific  gravity  about  3.  It  is  of  various  colors,  commonly  yellowish, 
greenish  or  blue.  It  crystallizes  usually  in  cubes. 

Numerous  other  gangues  are  less  common  in  occurrence. 

(2)  ORES. 
GOLD. 

GolJ,  specific  gravity  19.3,  is  a  brilliant,  lustrous,  heavy  metal,  of  a  lordly  appear- 
ance and  magnificent  yellow — golden  yellow — color.  There  is  but  one  color  to  gold, 
and  all  the  variations  from  that  color  simply  prove  the  presence  of  alloys  and  the  im- 
purity of  the  gold,  or  whatever  goes  by  that  name.  It  is  a  saying  among  the  miners 
that  "  a  great  many  other  things  are  mistaken  for  gold,  but  gold  is  never  mistaken  for 
anything  else." 

Gold  occurs  either  in  quartz  veins,  intersecting  usually  metamorphic  slates  (these 
mines  are  called  quartz  mines);  or  it  is  found  in  gravel  drifts  in  the  vicinity  of  these, 
in  what  are  called  placer  mines.  Originally  it  existed  in  the  quartz  veins,  usually  as- 
sociated with  metallic  sulphides,  particularly  the  sulphide  of  iron  (pyrite,  sometimes 
called  fool's  gold).  If  the  pyrite  be  dissolved  in  nitric  acid,  the  gold  is  left  in  minute 
threads  and  crystals. 

Quartz  that  looks  like  coarse  grained  white  sugar  is  a  good  sign,  but  clear  rock 
crystal  quartz,  or  quartz  with  a  glassy  vitreous  lustre,  with  no  grains  in  its  texture,  sel- 
dom holds  gold.  The  granular  quartz  in  veins,  badly  stained  with  iron  rust,  and  full 
of  little  sharp-cornered  cells  with  iron  dust  in  them,  is  the  best  prospect.  The  mass 
of  one  of  these  veins  may  yield  from  $20  to  $50  per  ton"  by  the  usual  rough  processes, 
and  yet  not  a  particle  of  gold  can  be  seen  in  the  rock  with  the  naked  eye,  and  a  pow- 
erful glass  reveals  but  few  specks. 

In  a  gold  bearing  quartz  vein  gold  is  found  free  in  small  grains  among  the  cellular 
quartz  as  deep  as  the  action  of  the  surface  water  reaches,  often  over  one  hundred  feet; 
but  below  the  reach  of  the  surface  agencies  it  is  usually  inclosed  in  the  undecomposed 
sulphides. 

Frequently  beds  of  slates  will  be  found  pierced  in  many  directions  by  systems  of 
veins  or  seams  of  all  sizes,  from  a  mere  ribbon  set  on  edge  up  to  many  feet  in  thick- 
ness; and  where  many  thin  veins  are  found,  the  whole  mass  of  rock  is  crushed,  in- 
stead of  attempting  to  mine  out  any  one  vein.  This  plan  of  crushing  the  whole  mass  is 
also  used  where  the  slate  beds  are  filled  with  small  grains  of  quartz  and  pyrite,  or  little 
cells  where  the  pyrite  has  been  oxidized,  this  slate  being  simply  an  old  bed  of  sand, 
mud,  etc.,  which  has  been  washed  down  from  some  earlier  rock  with  a  pyrite  vein  in 
it.  Where  such  a  washed  down  bed  of  debris  has  existed  long  enough  to  have  be- 
come compacted  into  a  rock,  it  is  a  gold  bearing  bed  of  rock ;  but  where  the  washing- 
down  process  took  place  in  recent  times  it  is  a  gold  bearing  bed  of  mud  clay,  sand  or 
gravel.  It  is  a  wet  or  dry  "  diggings,"  according  to  its  location  above  or  below  water 
level.  Whole  hills  of  sand,  gravel  and  clay  may  have  gold  distributed  throughout 
their  entire  mass,  or  the  gold  may  be  in  a  "streak"  or  "lead"  running  through  the 
hill  at  a  certain  height  or  on  the  bed  rock. 

Gold  occurs  in  all  these  secondary  deposits,  not  as  in  veins,  in  particles  too  fine  to 
be  detected,  but  as  '•  wash  "  gold  in  grains  from  dust  size  up  to  the  nuggets  of  many 


jg2  DETERMINATION  OF  MINERALS. 

pounds  \veiglit.  That  this  wash  gold  is  derived  from  the  vein  gold  is  a  fact  acknowl- 
edged by  all;  but  how  the  fine  particles  became  agglomerated  into  nuggets  or  grains 
is  an  unsolved  question. 

In  the  quartz  veins,  free  from  sulphur,  the  gold  is  sometimes  found  in  grains,  nug- 
gets, sheets,  or  strings,  often  in  crystalline  form. 

Gold  in  the  sulphides  and  clays  may'be  so  fine  as  to  be  really  invisible  except  under 
a  powerful  microscope;  and  these  small  particles  may  float  away  with  any  current  of 
water  that  will  carry  off  the  mud.  One  of  the  great  troubles  with  all  water  processes 
is  the  great  waste  of  gold  in  the  "  slimes,"  these  being  simply  those  portions  of  the 
vein-stones  that  have  been  pulverized  too  fine  to  be  separated  by  the  use  of  water; 
but  it  is  believed  that  this  difficulty  has  been  met  by  a  process  using  an  air  current  in- 
stead of  that  of  water. 

Mica,  in  small  flakes,  pyrite  (sulphide  of  iron)  and  chalcopyrite  (sulphide  of  iron 
and  copper),  are  more  often  mistaken  for  gold  than  are  other  substances.  Mica,  how- 
ever, is  much  lighter,  and  usually  shows  laminations  under  a  strong  glass ;  pyrite  is 
hard,  angular  and  brittle ;  copper  pyrite  is  soft  and  brittle  and  cuts  into  a  dark  powder. 
Gold  offers  none  of  these  characteristics,  but  hammers  out  flat,  can  be  cut  into  threads 
without  crumbling,  has  a  much  higher  specific  gravity  than  the  other  substauces,  and 
is  insoluble  in  nitric  acid. 

From  one-half  an  ounce  to  one  ounce  of  gold  per  ton  of  ore  is  required  under  ordi- 
nary circumstances  to  pay  the  expense  of  mining  and  milling,  but  less  is  required  under 
the  favorable  circumstances  of  a  large  ore-body  with  cheap  treatment. 

Panning.  In- prospecting  for  placer  gold,  or  for  free  gold  in  the  outcrop  of  a  quartz 
vein,  panning  is  usually  employed.  A  gold  pan  may  be  bought  at  any  mining  camp. 
Panning  consists  in  skillfully  washing  away  the  lighter  gravel  or  previously-pulverized 
quartz,  and  in  allowing  the  gold  and  heavier  material  to  settle  to  the  angle  at  the  bot- 
tom of  the  pan ;  and  finally,  by  continuing  the  same  process,  in  so  concentrating  the 
material  that  the  gold  is  left  nearly  free  from  foreign  substances.  A  single  flake  of 
gold,  obtained  from  a  pan  or  shovel  of  ore,  is  usually  called  a  "  color." 

Amalgamation.  Free  gold  ores,  which  may  include  not  only  surface  or  oxidized 
ores  but  also  sulphide  ores,  may  also  be  tested  by  amalgamation.  For  this  purpose  it 
is  well  to  have  an  iron  mortar,  holding  about  two  to  four  quarts,  in  which  the  ore  is 
first  well  pulverized,  to  the  amount  of  one-half  pound  or  more.  Quicksilver  is  then 
added;  a  globule  as  large  as  a  pea  is  sufficient  unless  the  ore  is  quite  rich.  The 
quicksilver  is  then  ground  with  the  ore  for  fifteen  or  twenty  minutes,  after  which  all  is 
poured  into  a  gold  pan,  and  the  quicksilver  is  separated  from  the  residue  by  panning. 
Perform  this  same  operation  several  times,  using  in  all  five  to  ten  pounds  of  the  ore, 
and  collecting  all  of  the  quicksilver  finally  into  the  pan.  The  quicksilver  is  then 
strained  through  a  soft  piece  of  buckskin  or  chamois  skin.  If  free  gold  or  free  silver 
existed  in  the  ore  the  amalgam  is  left  in  the  skin  in  the  shape  of  a  solid  mass,  of  the 
consistency  of  putty.  This  may  be  placed  in  a  crucible  or  on  a  shovel  and  slowly 
heated  over  a  fire,  or  at  a  blacksmith's  forge,  finally  bringing  it  to  a  red  heat.  The 
quicksilver  is  evaporated  and  the  gold  remains  nearly  pure,  but  combined  with  some 
silver  and  probably  copper,  if  the  ore  contained  those  substances.  In  this  shape  it  is 
called  a  "  retort."  If  the  ore  treated  be  first  weighed  and  the  resulting  retort  also 
weighed,  a  simple  proportion  will  give  the  ounces  of  gold  yielded  per  ton.  Of  course 
some  is  lost. 

Care  should  be  taken  not  to  inhale  the  fumes  of  the  quicksilver.  The  addition  ot 
a  very  small  fragment  of  cyanide  of  potassium  in  grinding  will  render  the  gold  more 
readily  soluble  in  the  quicksilver. 

Telluride  ores.  Sylvanite  is  a  telluride  of  gold  and  silver.  It  is  soft  (hardness  1.5 
to  2);  heavy  (specific  gravity  about  8);  lustre  metallic;  color,  steel  gray  to  silver 
white,  sometimes  yellow.  It  is  called  graphic  tellurium,  because  of  a  resemblance  in 
the  arrangement  of  the  crystals  to  writing  characters.  It  gives  a  metallic  button  of 
gold  and  silver  before  the  blow-pipe,  and  a  tellurium  coating  on  charcoal. 

Nagyagite  is  a  telluride  of  lead,  containing  gold  and  usually  silver  and  copper  with 
sulphur.  It  is  seldom  found  in  America. 

Petzite  is  a  telluride  of  silver  and  gold.  It  shows  hardness  =.2. 5;  gravity,  8.7  to 
9;  color,  steel  gray  to  iron-black,  brittle. 


DETERMINATION  OF  MINERALS.  183 

SILVER. 

Silver,  specific  gravity  10.53,  is  a  brilliant  pure  white  metal,  of  great  malleability 
and  ductility.  It  is  harder  than  gold,  but  softer  than  copper,  and  can  be  cut  with  a 
knife  when  pure;  but  a  very  little  alloy  hardens  it  disproportionately.  It  is  found 
naturally  in  the  metallic  state  (but  never  entirely  pure),  and  also  in  combination  with 
other  substances  forming  ores.  The  metallic  silver,  as  found  native,  generally  has  a 
slightly  darkened  and  dull  looking  surface,  but  reveals  its  true  color  when  cut  or 
scratched. 

Argentite,  Silver  glance,  or  Sulphide  of  Silver,  gravity  7.0,  contains  86  per  cent, 
silver  and  14  of  sulphur.  It  is  dark  grey  to  blackish  in  color,  dull  externally,  but 
showing  a  vitreous  metallic  lustre  when  cut ;  and  can  be  cut  as  easily  as  lead  and  is 
slightly  malleable — gives  off  sulphur  smell  when  heated.  It  is  rarely  pure,  and  never 
forms  the  entire  metallic  contents  of  a  vein.  Lead  veins  nearly  always  contain  this 
ore  mixed  with  the  galena. 

Ruby  Silver,  gravity  6  to  6.5,  when  dark  red  in  color  (Pyrargyrite),  contains  60  per 
cent,  silver,  20  of  antimony,  12  of  sulphur,  and  8  of  oxygen;  is  almost  opaque,  has  a 
metallic  lustre,  and  is  usually  found  in  crystals.  When  it  is  clear  transparent  red  color 
(Proustite),  it  is  a  double  sulphide  of  silver  and  arsenic,  and  contains  65  per  cent,  of 
silver. 

Cerargyrite,  Horn  Silver,  gravity  5.5,  is  chloride  of  silver,  contains  75  per  cent,  sil- 
ver and  25  of  chlorine.  It  looks  like  pearly  grey  putty  or  wax,  sometimes  slightly 
bluish.  The  exposed  portions  on  the  outcrops  of  veins  look  like  brown  or  black  ce- 
ment. It  is  soft,  easily  cut,  and  can  be  hammered  out  slightly. 

Silver  Amalgam,  gravity  I4,'is  much  heavier  than  pure  silver,  as  it  contains  64  per 
Cent,  mercury  to  36  of  silver.  It  has  a  very  bright  silver-white  color,  is  very  soft,  and 
can  be  cut  with  a  knife.  It  is  an  alloy  or  mechanical  combination  of  two  native  met- 
als. It  is  one  of  the  principal  sources  of  silver  in  South  America,  but  has  not  yet  been 
extensively  found  in  North  America. 

Stephanite,  sulphur  16,  antimony  15,  silver  68  per  cent.  Hardness  2-2.5.  Gravity 
6.3.  Lustre,  metallic;  color,  iron  black;  fracture,  uneven. 

Polybasite,  sulphur  15,  antimony  10,  silver  75  per  cent.  Hardness  2-3.  Gravity 
6.2.  Lustre,  metallic ;  color,  iron-black;  fracture,  uneven. 

Hessite,  is  telluride  of  silver.  Hardness  is  2-3.5.  Gravity  8.4.  Lustre,  metallic ; 
color,  lead-gray  to  steel-gray;  fracture,  even  :  sectile. 

Tttrahedrite,  or  Gray  Copper  Ore,  is  properly  a  copper  ore,  but  often  becomes  val- 
uable from  its  containing  silver,  though  it  does  not  always  do  so.  When  it  contains 
much  silver,  it  is  called  Freibergile.  It  varies  in  color  from  a  light  steel-gray  to  an 
iron-black.  Its  hardness  is  3  to  4.5 ;  lustre,  metallic ;  fracture,  sub-conchoidal  and 
uneven;  brittle.  It  contains  varying  proportions  of  Sulphur,  Antimony,  Arsenic,  Cop- 
per, Iron  and  Zinc.  The  proportion  of  copper  is  usually  30  to  40  per  cent. 

All  silver  ores  are  to  be  looked  for  in  veins  in  any  of  the  rocks  below  the  coal  meas- 
ures. All  sulphide  veins  of  copper,  antimony,  zinc  or  lead,  need  testing  for  silver,  as 
they  are  nearly  always  found  associated.  The  silver  may  not  be  in  paying  quantities, 
but  that  can  only  be  asserted  positively  after  testing. 

To  test  mineral  for  silver,  dissolve  a  piece  in  nitric  acid,  pour  in  strong  salt  water, 
and  if  the  resulting  white  powder  should  turn  black  on  exposure  to  sunlight,  it  con- 
tains silver.  This  test  is  useful  only  in  minerals  containing  a  considerable  quantity  of 
silver. 

Silver  is  more  often  found  in  combination  with  ores  of  other  metals  than  in  its  own 
distinct  combinations.  Thus  it  is  found  often  in  Tetrahedrite  (Gray  Copper),  Galen- 
ite  (Sulphide  of  Lead),  Sphalerite  (Zinc  blende),  Chalcopyrite  (Copper  and  Iron  Sul- 
phide), and  other  ores  of  Lead,  Copper,  Zinc,  Antimony,  Arsenic,  etc.  Pyrite,  or  Iron 
Sulphide,  more  often  contains  Gold  in  paying  quantities  than  it  does  Silver.  In  these 
ores  it  is  probable  that  the  Silver  is  contained  in  very  small  and  finely-disseminated 
particles  of  its  own  mineral  compounds. 

In  favorable  localities,  or  when  combined  with  lead  or  copper,  as  low  as  IO  to  20 
ounces  of  silver  per  ton  may  make  a  paying  ore.  Since  a  ton  avoirdupois  contains 
29,167  ounces  troy,  it  will  be  seen  that  the  percentage  proportion  of  silVer  required  to 
make  a  paying  ore  is  very  small,  and  the  silver  (and  gold  in  greater  degree)  may, 
therefore,  be  imperceptible  except  under  very  careful  test.  Ore  containing  ]£  to  I  per 
cent,  would  be  rated  as  rich  silver  ore ;  and  T^,j  of  i  per  cent,  of  gold  is  a  fine  ore. 


1 84  DETERMINATION  OF  MINERALS. 

COPPER. 

Copper,  specific  gravity  8.9,  is  of  fine  red  color,  very  soft  and  ductile,  takes  a  high 
polish,  but  quickly  tarnishes  again  by  coating  with  oxide  and  carbonate  of  copper.  Its 
tenacity  is  nearly  as  great  as  that  of  iron,  but  its  elasticity  is  very  low.  It  is  found 
native  in  grains  and  masses  in  nearly  all  veins  carrying  copper  ores. 

Such  mines  as  the  Calumet  and  Hecla,  near  Lake  Superior,  where  they  stamp  and 
\vash  800  tons  per  diem  of  rock  containing  5  per  cent,  of  its  weight  in  shot  copper  or 
copper  dust,  are  the  paying  mines.  In  the  early  days  of  copper  mining  on  Lake  Su- 
perior, a  good  yield  of  copper  was  obtained  by  small  gangs  of  men  washing  out  the 
sands  arid  gravels  from  the  stream  bottoms  below  veins,  as  is  done  in  gold  districts ; 
but  the  business  was  very  small,  and  soon  abandoned  for  regular  mining. 

A  peculiarity  of  the  Lake  Superior  copper  is  that  much  of  it  contains  silver,  not  as 
an  alloy  regularly  combined,  but  simply  disseminated  through  the  mass,  in  crystals, 
from  the  sue  of  a  pin-head  to  that  of  a  walnut. 

Cuprite,  or  Red  Oxide  of  Copper,  gravity  5.9,  contains  88  per  cent,  of  copper  and 
12  of  oxygen.  It  is  of  a  deep  blood-red  color,  semi-metallic  lustre,  and  is  generally  in 
crystals,  either  cubic  or  octagonal.  It  is  found  in  nearly  all  copper  veins,  being  a 
product  of  the  oxidation  of  some  other  ore,  or  of  metallic  copper  itself,  but  it  is  not 
usually  the  principal  ore  of  a  vein. 

Melaconite,  or  Black  Oxide  of  Copper,  gravity  5.5,  contains  72  per  cent,  copper  and 
28  of  oxygen,  is  black,  dark  blue  or  brown  in  color  and  velvety  in  appearance.  Is 
found  with  cuprite  in  all  copper  veins,  as  a  result  of  the  oxidation  of  other  ores,  and 
sometimes,  as  at  Ducktown  in  Tennessee,  it  is  one  of  the  most  valuable  zones  of  the 
mines. 

Chalcopyrite,  or  Copper  Pyrites,  gravity  4.2,  contains  properly  35  per  cent,  of  cop- 
per, 30  of  iron  and  35  of  sulphur,  but  the  proportions  vary.  It  has  a  yellow  brassy 
color  and  bright  metallic  Instre,  but  tarnishes  easily.  It  is  quite  soft,  and  can  be 
shaved  into  powder  with  a  knife.  A  bright  yellow  and  soft  ore  is  apt  to  be  rich,  while 
a  whitish-yellow,  dull -colored  and  hard  ore  is  poor,  owing  to  the  greater  quantity  of 
iron  present.  This  chalcopyrite  is  usually  accompanied  by  pyrite;  and  in  general  the 
top  of  the  vein  is  a  brown  spongy  iron  ore  for  a  certain  distance,  then  pyrite,  with  a 
little  chalcopyrite,  and  this  latter  increases  downwards. 

Chalcocite,  Sulphide  of  Copper,  gravity  5.0,  contains  when  pure  79.8  per  cent,  of 
copper,  and  20  of  sulphur.  It  is  usually  combined  with  other  sulphides,  but  it  is, 
nevertheless,  a  very  easy  ore  to  work.  It  is  steel-gray  in  color,  and  rather  soft  and 
brittle.  Occurs  in  veins  with  pyrite  and  chalcopyrite,  either  massive  and  crystalline 
or  granular. 

Somite,  or  Erubescite,  contains  normally,  sulphur  28  per  cent.,  iron  1 6  per  cent., 
copper  56  per  cent.  It  has  a  metallic  lustre  and  a  color  varying  between  purple-red 
and  brown,  whence  it  is  called  Peacock  ore.  Hardness  3 ;  gravity  5.  Brittle.  Frac- 
ture uneven,  showing  a  copper-red  color.  It  is  of  common  occurrence. 

Silicate  of  Copper,  gravity  2.1,  contains  30  to  35  per  cent,  of  copper.  It  is  bluish- 
green  in  color,  resinous  or  dull  glassy  lustre  and  texture,  and  its  fracture  is  like  that 
of  glass,  but  it  is  soft  and  easily  cut  with  a  knife,  turns  black  when  heated.  This  is 
rare,  but  it  is  sometimes  found  in  the  Southern  and  Pacific  coast  mines  in  large  masses 
accumulated  as  incrustations  at  and  near  the  outcrops  of  the  veins  of  other  copper  ores. 

Malachite,  or  Green  Carbonate  of  Copper,  gravity  4.0,  contains  56  per  cent,  copper, 
14  of  oxygen,  22  carbonic  acid  and  8  of  water.  It  resembles  green  marble  with 
banded  or  wavy  structure,  is  found  in  veins  of  other  copper  ores,  and  when  in  plates 
of  suitable  size  is  valuable  for  mantels,  table  tops,  vases,  and  for  all  sorts  of  ornamental 
work.  Is  is  also  used  in  jewelry,  and  when  in  large  and  well  shaped  pieces,  and  of 
beautiful  color  and  texture,  it  commands  a  very  high  price,  although  as  a  source  of 
copper  it  is  of  no  importance. 

Azitrite,  or  Blue  Carbonate  of  Copper,  gravity  3.8,  is  of  substantially  the  same  com- 
position as  malachite,  but  is  of  a  beautiful  blue  color,  and  occurs  in  nodules  and  con- 
cretions. It  is  used  only  as  an  ornamental  material,  and  can  be  distinguished  from  the 
blue  silicate  by  its  clearer  and  more  gem-like  appearance,  and  by  the  fact  that  it  effer- 
vesces with  acid,  which  the  silicate  does  not. 

In  general:  it  may  be  said  of  copper  ores  that  they  are  distinguished  by  liveliness 
of  colors ;  that  they  are  soft ;  that  they  impart  their  colors  to  other  substances  by  rub- 
bing, and  that  they  nearly  all  turn  bright  green  on  long  exposure. 


DETERMINATION  OF  MINERALS. 


LEAD. 

Lead,  specific  gravity  11.445,  >s  a  soft,  bluish-grey  metal,  of  high  metallic  lustre 
when  freshly  cut,  but  tarnishes  almost  immediately  ;  leaves  a  black  mark  when  rubbed 
on  paper  ;  very  ductile.  It  is  rarely  or  never  found  pure  in  nature,  but  is  extracted 
from  its  ores. 

Galena,  or  Sulphide  of  Lead,  gravity  7.7,  contains  86  per  cent.  Lead  to  14  of  sul- 
phur; is  of  leaden-gray  color,  high  metallic  lustre,  and  nearly  always  is  amass  of  cubic 
crystals,  which  are  very  brittle  and  easily  powdered  into  black  dust.  It  melts  and 
gives  off  sulphurous  fumes  when  heated.  It  nearly  always  contains  more  or  less  silver, 
which  frequently  is  enough  to  pay  for  extraction  ;  in  fact,  many  of  tl.e  great  silver 
mines  of  the  world  are  simply  Galena  veins,  which  are  worked  primarily  for  the  silver, 
and  the  lead  saved,  after  reducing  the  silver,  is  then  sold  as  a  secondary  product. 
Galena  is  the  mother  source  of  all  lead,  the  other  ores  being  the  result  of  reaction  on 
the  sulphide  by  other  agents.  It  occurs  primarily  in  veins,  but  also  in  beds  and 
pockets,  these  being  vein  materials  washed  down  or  dissolved  and  redeposited.  The 
veins  are  most  frequent  in  the  primary  rocks,  but  they  are  found  all  the  way  up  among 
the  formations  to  the  base  of  the  carboniferous,  where  the  veins  are  larger  than  in  the 
primaries,  but  not  so  frequent.  A  feature  of  Galena  veins  is  that  in  limestone  they  are 
largest,  and  diminish  usually  through  sandstones,  and  are  smallest  in  the  slates  of  the 
primaries.  The  Silurian  and  Devonian  limestones,  lying  immediately  on  or  separated 
from  the  slates  by  very  thin  members  of  the  same  groups,  as  in  the  Mississippi  Valley, 
appear  to  be  the  best  places  to  look  for  Galena  veins  and  deposits,  while  the  great 
silver-bearing  lead  deposits  of  Utah  and  other  western  localities  appear  to  have  very 
little  system  in  their  modes  or  locations  of  occurrence. 

Cerussite,  or  Carbonate  of  Lead,  gravity  6.5,  contains  77  per  cent,  of  lead,  when 
pure,  but  is  seldom  found  pure  ;  60  to  65  per  cent,  of  lead  is  its  practical  yield,  the 
balance  being  carbonic  acid,  silica,  iron,  zinc,  etc.  The  pure  mineral  is  in  translucent 
grayish-white  crystals,  but  the  ore  of  lead  is  known  as  "  dry  bone,"  on  account  of  its 
appearance.  It  is  generally  a  little  porous,  of  white  or  yellow  or  reddish  yellow  color, 
and  looks  much  more  like  masses  and  cakes  of  clay  than  anything  else,  and,  unless 
its  weight  reveals  its  nature,  it  is  apt  to  be  thrown  aside.  It  is  found  with  galena,  and 
is  frequently  the  outside  of  a  mass  of  which  the  inside  is  galena  not  yet  entirely 
changed  to  Cerussite,  and  in  such  cases  the  mass  looks  like  compact  ashes. 

Pyromorphite,  or  Phosphate  of  Lead,  gravity  6.8,  contains  55  or  more  per  cent,  of 
Lead,  and  is  a  green  or  yellow  earthy-looking  mass,  covering  cerussite  or  galena  as  an 
incrustation.  It  is  a  secondary  product,  and  is  chiefly  valuable  as»an  indication  that 
galena  is  to  be  found  below,  the  pyromorphite  generally  showing  at  the  outcrop  of 
veins  or  deposits. 

There  are  Oxides  of  Lead  made  artifically  for  painting  purposes,  and  a  Sulphate  of 
Lead  which  effloresces  over  galena  deposits;  and  there  are  other  minor  occurrences  of 
the  compounds  of  this  mineral  ;  but  these  are  all  secondary  products  of  galena. 

IRON. 

Iron,  specific  gravity  7.78,  is  a  silver-white  fibrous  and  ductile  metal,  and  the  most 
valuable  to  man  of  all  earth's  mineral  productions  except  coal.  It  is  the  strongest  of 
all  metals,  as  well  as  the  most  universally  diffused,  some  one  or  other  of  its  ores  being 
found  in  all  the  formations.  It  is  susceptible  of  very  high  polish,  but  its  affinity  for 
oxygen  is  so  great  that  it  tarnishes  very  easily,  and  is  never  found  entirely  pure  in  a 
state  ot  nature.  Masses  of  nearly  pure  iron  occurring  as  shooting  stars  or  meteors  are 
found  where  they  have  fallen,  but  are  preserved  from  further  oxidation  by  a  glazed 
surface,  caused  by  the  heat  from  friction  with  our  atmosphere  during  their  rapid  pass- 
age through  it.  The  iron  supply  of  the  world  is  entirely  drawn  from  the  natural  ores 
of  this  metal. 

Magnetite,  or  Black  Oxide  of  Iron,  Loadstone,  Magnetic  Ore,  etc  ,  gravity  5.1,  is  a 
proto-sesqui-oxide  of  iron,  in  the  proportion  of  72  per  cent,  of  iron  and  28  per  cent,  of 
oxygen,  when  the  mineral  is  unmixed  with  impurities.  It  is  black  in  color;  has 
metallic  lustre;  its  powder  is  black  and  it  occurs  crystalline  and  granular,  sometimes 
earthy  and  compact,  but  crumbles  easily  into  coarse  black  sand,  and  is  attracted  by 
the  magnet.  It  is  found  principally  in  veins  and  beds  throughout  the  primary  rocks, 
and  sometimes  in  the  sandstones,  etc.,  lying  immediately  upon  the  primaries. 


!86  DETERMINATION  OF  MINERALS. 

'  Gray  Oxide,  gravity  5.0,  is  the  sesqui-oxide,  and  contains  70  per  cent,  iron  to  30 
of  oxygen.  This  ore  is  the  specular  hematite,  is  of  steel-gray  color,  of  high  metallic 
lustre,  and  its  powder  is  red.  It  is  brittle  and  crystalline,  and  frequently  slaty  in 
structure,  and  is  found  principally  in  beds  in  the  primary  rocks,  or  those  immediately 
overlying  them,  and  the  black  oxide  is  nearly  always  in  company  with  it,  being  of 
similar  early  origin. 

Red  Oxide,  gravity  5.0,  is  also  the  sesqui-oxide,  and  contains  70  per  cent,  of  iron  to 
30  of  oxygen,  when  pure.  This  ore  is  properly  called  hematite  (meaning  blood-red 
ore),  inasmuch  as  it  is  red  both  in  mass  and  in  powder.  It  is  of  secondary  origin,  be- 
ing derived  from  the  foregoing  oxide  by  being  powdered,  washed  off,  and  re-deposited 
in  secondary  beds  which  retain  the  red  color  of  the  powder  from  which  they  were 
built.  This  ore  is  sometimes  deposited  as  regular  beds  or  strata  of  rock,  and  for  long 
distances — frequently  hundreds  of  miles — it  holds  its  position  as  a  member  of  a  for- 
mation. 

Brown  Oxide,  gravity  4.0,  contains  60  per  cent,  iron,  26  oxygen  and  14  ot  water. 
Its  proper  name  is  limonile,  and  is  frequently  called  brown  hematite.  It  is  a  hydruted 
sesqui-oxide  of  iron,  and  appears  to  be  derived  from  the  foregoing  oxides  by  being 
carried  off  and  re-deposited  from  a  solution,  whereby  it  enclosed  its  water  of  hydra- 
tion,  while  the  red  oxide  was  simply  carried  off  in  suspension  as  powder.  The  brown 
oxide  is  brown,  yellow,  or  purplish -brown  or  black,  but  its  powder  is  always  yellow. 
It  is  generally  compact  and  frequently  massive,  and  like  the  dry  oxides,  it  often  forms 
regular  strata.  This  ore  is  rarely  gritty,  but  sometimes  granular;  and  a  very  pure  and 
valuable  variety  looks  just  like  a  black  iron  sponge,  having  a  vitreous  lustre  when 
broken.  Sometimes  it  occurs  in  hollow  balls,  with  the  interior  surface  covered  with 
black  velvety  crystals;  and  when  these  balls  are  fibrous  in  texture,  the  fibres  radiating 
from  the  centre  to  the  circumference,  it  is  called  needle  ore.  Sometimes  it  is  in  masses 
in  wet  lands,  either  as  concretions,  or  as  masses  of  hard  brown  earth,  loosely  packed, 
when  it  is  bog  ore.  It  puts  on  more  different  appearances  than  any  other  ore,  and 
owing  to  its  deposit  from  solution  it  has  been  carried  everywhere  that  water  can  reach, 
and  may  be  looked  for  in  all  the  formations.  In  one  shape  or  another  it  is  the  most 
valuable  of  American  iron  ores. 

Carbonate  of  Iron,  gravity  3.5  to  4.0,  sometimes  called  Siderite,  Chalybite,  Sparry 
or  Spathic  Iron,  according  to  circumstances,  is  of  many  varieties,  but  the  definite  min- 
eral contains  62  per  cent,  of  iron  and  38  of  carbonic  acid.  It  usually  occurs  mixed 
with  sand,  lime,  clay,  &c.,  and  is  a  clay  iron  stone,  properly  speaking,  in  America.  It 
occurs  in  the  secondary  and  later  formations,  and  is  most  abundant  in  the  coal  meas- 
ures, but  the  nodular  ores  of  the  tertiary  clays,  such  as  those  from  which  the  best  Bal- 
timore iron  is  made,  are  carbonates.  It  may  be  of  any  color  or  shape  from  white, 
gray  or  yellowish  masses  to  brownish,  purple  nodules,  looking  like  fragments  of  ex- 
ploded shells,  or  from  flattened  balls  to  the  full  black  band  ores  of  the  coal  measures 
of  Western  Kentucky  or  of  England.  It  is  also  fonnd  in  beds  intercalated  between 
other  rocks,  sometimes  in  a  continuous  massive  formation  looking  like  gray  or  yellow- 
ish limestone,  but  more  frequently  the  ledge  is  a  mass  of  flattened  balls  or  kidneys  of 
large  size,  mixed  with  smaller  balls  and  grains  of  the  same  ore,  with  a  lime  cement, 
and  the  outcrop  of  such  beds  or  ledges  is  generally  weathered  into  brown,  spongy- 
looking  masses  of  limonite.  It  is  not  one  of  the  most  valuable  of  American  ores, 
where  we  have  so  much  more  of  the  richer  oxides,  but  the  "Black  Band"  and  the 
"  Clay  Band  "  carbonates  of  England  have  heretofore  produced  more  than  half  the 
iron  supply  of  the  world.  In  America  we  use  the  carbonates  chiefly  for  mixing  and 
tempering  the  richer  oxides. 

Pyrite. — Iron  Pyrites  or  Fool's  Gold,  gravity  5.0,  is  a  bisulphide  of  iron,  and  con- 
tains 54  per  cent,  of  sulphur  to  46  per  cent,  of  iron.  It  is  not  an  ore  of  iron,  because 
no  economical  process  of  eliminating  all  the  sulphur  has  yet  been  discovered,  and  the 
merest  trace  of  sulphur  in  iron  renders  it  worthless  for  most  purposes.  The  manufac- 
turing chemists,  however,  make  great  quantities  of  sulphur  and  sulphuric  acid,  alum 
and  sulphate  of  iron  or  copperas  out  of  it,  and  when  heavy  veins  of  this  mineral  are 
•well  located  for  work  and  transportation  they  are  worth  looking  after.  The  mineral 
itself  is  either  whitish-yellow  or  brass  colored,  is  generally  a  mass  of  cubic  crystalline 
blocks,  and  each  block  breaks  up  into  smaller  cubes.'  These  are  very  hard,  will 
scratch  a  knife-blade  or  strike  fire  with  steel  like  flint ;  are  very  brittle,  and  will  give 
off  stifling  fumes  of  sulphuric  acid  when  burned  in  a  candle  flame.  Pyrite  occurs  in 
scattered  crystals  or  masses  throughout  the  coal  measures,  and  sometimes  in  the  coal 


DETERMINATION  OF  MINERALS.  jgy 

itself,  in  which  case  its  presence  diminishes  the  value  of  the  coal,  as  iron  cannot  be 
worked  with  it.  The  principal  deposits  of  Pyrite,  however,  are  in  veins  in  the  primary 
rocks,  and  frequently  such  veins  extend  upwards  into  whatever  rocks  immediately 
overlie  the  primaries.  These  veins  are  nearly  always  indicated  on  the  surface  bv 
spongy  masses  of  brown  oxide  of  iron,  as  in  the  case  of  the  carbonates,  the.outcrop  of 
the  vein  giving  up  its  sulphur  and  becoming  oxidized  by  exposure  to  the  weather. 
Another  variety  of  these  Pyritous  veins  contains  arsenic,  and  the  mineral  is  then  called 
Mispickel.  It  is  of  gravity  6.0,  contains  34  per  cent,  iron,  20  of  sulphur  and  46  of 
arsenic;  has  a  silver- white  color,  high  metallic  lustre,  is  very  hard,  and  smells  Jike 
garlic  when  heated.  It  is  a  good  ore  of  arsenic,  but  not  of  iron.  The  iron  pyhte 
veins  in  the  primary  rocks  often  contain  gold. 

Iron  Paint,  or  Ochre,  is  simply  oxide  of  iron,  either  naturally  or  artifically  triturated 
to  an  impalpable  powder,  pure  or  mixed  with  clay  or  other  material.  The  Limonite 
oxides  make  yellow  paint,  the  Hematite  makes  red,  while  the  Magnetic  ore  makes 
black  paint.  Iron  does  not  become  red  until  it  is  combined  into  the  sesqui-oxide,  con- 
taining 30  per  cent,  of  oxygen  and  70  of  iron. 

ZINC. 

Zinc,  specific  gravity  6.8,  is  a  brittle  bluish-white  metal,  very  lustrous  and  of  a 
crystalline  foliaceous  texture  on  freshly-broken  surface.  It  is  never  found  pure  in  na- 
ture, but  is  extracted  from  its  ores. 

Sulphide  of  Zinc,  Black  Jack  or  Zinc  Blende,  specific  gravity  4.0,  contains  66  per 
cent,  of  zinc  to  34  of  sulphur  and  impurities.  It  is  of  yellowish-brown  color  generally, 
but  is  sometimes  black  and  bluish-black.  It  looks  like  masses  of  agglutinated  crystals 
of  brown  honey  or  clear  resin.  It  occurs  in  all  the  formations  between  the  Huronian 
and  the  carbonifereous,  and  in  some  of  the  gold  and  silver  mines  it  is  very  abundant. 
Silver  ores  mixed  with  "  black  jack  "  are  among  the  most  difficult  to  treat. 


Silicate  of  Zinc  or  Calamine,  gravity  3.4,  contains  oxide  of  zinc,  67.5  per  cent.,  25 

cing   from  50  to  60  per  cent,  of 
metallic  zinc  when  measured  by  the  weight  of  the  original  mineral  calamine.     Miners 


of  silica  and  7-5  °f  water;  the  oxide  of  zinc  producing   from  50  to  60  per  cer 


call  this  ore  and  the  carbonates  of  zinc  and  lead  all  "  Dry  Bone,"  because  sometimes 
they  look  somewhat  cellular,  like  old  bone,  although  calamine  frequently  is  glassy, 
lustrous  and  transparent,  and  is  generally  white,  but  occasionally  greyish  to  yellowish. 
This  is  one  of  the  principal  ores  of  zinc,  is  a  secondaiy  product  from  zinc  blende,  and 
is  found  most  plentifully  in  the  limestones  of  the  Silurians.  It  may  occur  in  veins  or 
in  washed  deposits  from  broken-down  veins,  the  debris  of  which  has  been  incorpor- 
ated as  part  of  subsequent  formations. 

Cat  bonate  of  Zinc,  or  Smithsonite,  gravity  4.4,  is  very  similar  to  silicate,  and  is  even 
yet  called  calamine  by  some.  It  is  softer  than  calamine  and  heavier,  and  will  effer- 
vesce with  acids.  It  contains  65  per  cent,  of  oxide  of  zinc  and  35  per  cent,  of  car- 
bonic acid ;  the  oxide  of  zinc  yielding  about  50  per  cent,  of  zinc,  measured  by  the 
original  weight  of  carbonate  of  zinc.  This  ore  and  the  silicate  produce  nearly  all  the 
zinc  used  in  America.  They  are  always  found  together. 

Oxide  of  Zinc,  gravity  5.5,  contains  75  per  cent,  of  zinc  and  25  of  oxygen  and  im- 
purities. It  is  red  or  reddish  yellow,  brilliant  lustre,  and  is  translucent.  Occurs  either 
in  grains  or  in  foliated  masses  like  mica,  but  the  leaves  are  brittle.  This  ore  accom- 
panies black  jack  in  the  veins  of  the  primary  rocks  as  well  as  in  the  Silurians.  It  is 
the  richest  of  all  the  zinc  ores,  and  perhaps  the  most  easily  worked  in  the  furnace,  but 
it  is  not  an  abundant  ore,  and,  therefore,  not  important  as  compared  with  the  silicates 
or  carbonates. 

PLATINUM. 

Platinum  is  a  bright  white  metal,  very  like  silver  in  appearance.  Its  specific  gravity 
is  21.15,  when  pure,  being  the  heaviest  kncnvn  metal.  It  is  both  malleable  and  duc- 
tile ;  welds  like  iron  at  a  red  heat,  but  cannot  be  melted  by  any  heat  less  intense  than 
that  of  the  compound  blow-pipe.  It  does  not  oxidize  or  tarnish,  and  is  not  attacked 
by  any  single  acid.  It  is  never  found  as  an  ore,  nor  yet  pure,  but  always  in  the  me- 
tallic form  alloyed  with  other  metals,  and  one  of  the  most  tedious  processes  in  chem- 
istry is  that  for  purifying  Platinum.  It  is  nearly  always  alloyed  with  the  metals  Os- 
mium, Rhodium,  Indium  and  Palladium,  one  or  two  of  which  are  thought  to  be  as 
heavy,  if  not  heavier,  than  the  Platinum,  but  the  quantities  for  testing  this  are  so  mi- 


j38  DETERMINATION  OF  MINERALS. 

nute  as  to  make  accuracy  difficult.  Platinum  is  found  with  gold  in  the  sands  of  the 
streams  of  the  primaries.  It  is  in  flattened  grains  and  small  masses,  the  native  alloy 
having  a  gravity  of  17  to  19,  and  having  generally  angular  corners.  It  is  found  with 
gold  in  Russia,  Australia,  South  America,  and  in  the  United  States,  but  only  sparingly 
in  this  latter  country. 

MERCURY. 

Mercury  or  Quicksilver,  specific  gravity  13.6,  is  a  brilliant  silvery  white  metal,  liquid 
at  ordinary  temperature,  but  freezes  solid  at  40  degrees  below  zero— Fahrenheit — and 
when  thus  frozen  can  be  hammered  out  into  plates  or  drawn  into  wire,  and  can  be 
welded  like  iron.  It  occurs  naturally  in  the  metallic  state  in  globules,  disseminated 
through  the  rocks,  as  the  result  of  natural  reduction  from  its.principal  ore,  the  sulphide 
of  mercury  or  cinnabar. 

Cinnabar,  gravity  9.0  to  lo.o,  contains  80  to  90  per  cent,  of  mercury,  and  IO  to  20 
of  sulphur,  is  a  vermillion  red  granular  ore,  sometimes  in  compact  masses,  and  again 
like  loose  red  earth  with  a  yellowish  tinge.  It  will  evaporate  entirely  if  thrown  on  a 
red  hot  shovel.  This  ore  is  the  only  ore  of  mercury  worth  looking  for,  and  all  the 
mercury  we  know  of  is  in  the  rocks  above  the  lower  primaries,  owing  to  its  extreme 
volatility.  It  is  rarely  found  actually  in  veins,  but  is  apt  to  be  disseminated  through 
the  neighboring  rocks,  no  matter  what  rocks  they  may  be.  In  California  much  mer- 
cury is  obtained  from  tertiary  rocks  which  have  been  impregnated  with  mercurial 
vapors,  while  neighboring  dykes  of  serpentine  or  veins  of  other  metallic  sulphides  were 
being  filled.  There  are  other  places  where  serpentine  masses  have  themselves  been 
impregnated  with  mercury  during  the  outflow  of  later  dykes  or  veins.  Beds  of  Silur- 
ian slates  are  sometimes  impregnated  with  metallic  mercury  and  cinnabar,  and  it  has 
been  found  in  the  coal  measures  in  bituminous  shales,  but  always  near  some  dyke  or 
outflow  of  igneous  or  eruptic  rocks.  Minute  seams  or  large  pockets  of  cinnabar  occur 
irregularly  throughout  the  rock  as  well  as  the  smallest  grains,  and  frequently  these 
pockets  are  lenticular  in  shape  and  are  really  portions  of  veins.  The  Sulphur  Banks 
in  California  (which  reduced  the  price  of  quicksilver  2O  per  cent.)  constitute  some 
hundreds  of  acres  of  a  hill  on  Clear  Lake,  and  the  whole  hill  is  a  mass  of  volcanic 
rock,  impregnated  with  from  I  to  5  per  cent,  of  its  mass  of  cinnabar.  They  quarry  the 
rock  out  in  blocks,  to  be  afterwards  crushed,  and  possibly  concentrated,  before  going 
to  the  furnaces. 

NICKEL. 

Nickel,  specific  gravity  8.82,  is  a  brilliant  silver-white  metal,  very  malleable  and 
ductile,  and  does  not  oxidize  at  ordinary  temperatures,  being  therefore  very  valuable 
for  cheap  coins,  and  spoons  and  other  ware.  It  occurs  in  the  metallic  form  naturally 
only  with  metallic  iron  in  meteors,  and  for  all  practical  purposes  it  is  extracted  from 
its  ores. 

Copper  Nickel,  gravity  7.0  to  7.5,  contains  44  per  cent,  of  nickel  to  56  per  cent,  of 
arsenic,  but  no  copper,  its  name  coming  from  its  copper-hke  appearance.  It  is  hard 
and  brittle,  and  generally  fine-grained,  and  of  high  metallic  lustre.  Its  powder  is  al- 
most black,  and  the  fresh  surface  of  the  ore  soon  tarnishes,  first  to  grey,  which  deepens 
with  time  to  black. 

Sulphide  of  Nickel,  gravity  6.5,  contains  65  per  cent,  of  nickel  to  35  of  sulphur,  is 
a  mass  of  greyish  to  yellow  flexible  threads,  having  a  metallic  lustre.  This  mineral  is 
very  rarely  found  pure. 

Nickel  Glance,  gravity  6.5,  is  sulphide  of  nickel  and  arsenic,  and  contains  35  per 
cent,  of  nickel,  19  of  sulphur  and  45  of  arsenic.  It  is  steel  grey  in  color,  metallic 
lustre,  very  brittle,  and  occurs  in  masses  with  a  granular  texture,  the  grains  being 
almost  cubic. 

Magnetic  Pyrites,  gravity  4.5  to  5.0,  is  a  compound  of  the  sulphides  of  nickel  and 
iron,  and  contains  sometimes  about  3  to  6  per  cent,  of  nickel.  It  is  massive,  very 
brittle,  metallic  lustre,  and  dark  brass  or  orange  colored.  It  is  slightly  magnetic,  and 
although  not  so  rich  in  nickel  as  the  other  ores,  it  is  the  source  of  nearly  all  the  nickel 
supply  by  reason  of  its  greater  abundance. 

All  Nickel  ores  are  found  in  veins  in  the  primary  or  lower  secondary  formations,  and 
the  ores  are  rarely  found  except  in  association  with  cobalt  ores  mixed  with  the  ores  of 
copper,  lead  and  other  minerals,  as  spoken  of  under  the  head  of  cobalt. 


DETERMINATION  OF  MINERALS.  I39 

COBALT. 

Cobalt,  specific  gravity  8.5,  is  a  lustrous,  reddish-grey  metal,  of  granular  texture 
and  very  brittle.  Its  texture  may  vary  from  granular  to  fibrous  or  laminated,  accord- 
ing to  tiie  degree  of  heat  used  in  its  reduction  from  the  ores.  Metallic  Cobalt  is  never 
found  native,  and  its  reduction  from  its  ores  is  exceedingly  difficult,  as  it  is  so  much 
like  nickel  in  all  its  properties,  and  the  two  are  always  associated.  Metallic  Cobalt  is 
not  useful  except  as  specimens  in  cabinets,  etc.,  but  Us  combinations  with  oxygen  and 
other  elements  give  us  Smalt,  and  Azure,  and  Ultramarine,  and  all  the  beautiful  blue 
coloring  matter  for  glass. 

Arsenical  Cobalt,  gravity  7.3,  is  a  silvery-white  mineral,  containing  about  30  per 
cent,  of  Cobalt,  nickel,  and  iron,  60  of  arsenic,  and  10  of  copper,  sulphur,  and  other 
impurities.  The  silver-white  color  is  only  on  fresh  fractures,  the  external  surfaces  tar- 
nishing to  reddish-grey.  Texture  compact  to  granular.  It  is  brittle,  but  can  be  cut 
with  a  knife,  and  its  lustre  is  metallic. 

Cobalt  Glance,  gravity  65,  sometimes  called  SmaUine,  contains  35  per  cent.  Cobalt, 
45  of  arsenic,  and  19  of  sulphur.  Its  color  is  tin  white,  with  a  light-red  tinge,  shining 
metallic  lustre,  and  is  in  well-defined  cubic  crystals,  slightly  lamellar  in  structure.  It 
is  brittle,  cuts  with  difficulty,  and  both  this  and  Arsenical  Cobalt  give  off  an  odor  of 
garlic  if  held  in  the  flame  of  a  candle. 

Cobalt  Pyrites,  Sulphide  of  Cobalt,  gravity  5.0.  contains  58  per  cent,  of  Cobalt,  and 
42  of  sulphur.  Its  color  is  steel-grey,  inclining  to  yellow.  It  is  found  in  grains  or 
granular  masses,  the  grains  being  cubic  in  shape. 

Oxide  of  Cobalt,  gravity  variable  as  found  naturally,  looks  just  like  black  earthy 
oxide  of  manganese  or  wad,  and  is  nearly  always  mixed  with  it,  so  that  the  character 
and  value  of  the  mixture  depend  entirely  on  its  composition. 

The  Cobalt  ores  are  always  found  with  nickel  ores,  in  the  veins  and  deposits  in  the 
primary  and  lower  secondary  formations,  and  frequently  mixed  with  copper  or  lead 
ores,  as  in  Missouri,  where  in  some  mines  the  lead  and  copper  ores  are  powdered  over 
with  bluish  semi-oxidized  arsenical  and  sulphide  ores  of  Cobalt  and  nickel,  and  some 
seams  of  the  clay  slates  are  spangled  with  crystals  of  these  ores. 

TIN. 

Tin,  specific  gravity  7.29,  is  a  silvery-white  metal  of  high  metallic  lustre.  It  is  very 
malleable  and  soft,  but  owing  to  its  crystalline  texture,  it  is  not  ductile,  and  has  almost 
no  tensile  coherence,  and  has,  therefore,  to  be  used  in  alloys  or  as  a  coating  to  other 
metals.  It  oxidizes  with  difficulty  at  ordinary  temperatures,  and  is,  therefore,  very 
useful  as  a  surface  coat  for  other  metals  such  as  iron  and  copper.  It  is  said  to  have 
been  found  pure  in  Russia  and  elsewhere  in  Europe,  but  only  in  small  grains,  and  is 
derived  entirely  from  tin  ores  for  commercial  use. 

Tin  Stone,  or  Binoxide  of  Tin,  gravity  7.0,  contains  78  per  cent,  of  tin  and  21  of 
oxygen.  It  is  a  peroxide,  i.  e.,  it  cannot  be  further  oxidized,  and  is  also  called  cassite- 
rite.  It  may  be  grey,  yellow,  red  or  black  in  color,  is  of  a  brilliant  lustre,  and  hard 
enough  to  strike  fire 'on  steel.  It  is  found  in  veins  in  the  granites  and  slates  of  the 
primaries,  and  is  also  found  as  grains  in  the  beds  of  streams,  and  is  then  called  stream- 
tin.  It  is  the  principal  ore  of  tin,  and  produces  perhaps  95  per  cent,  of  all  the  tin  the 
world  uses.  The  principal  tin-producing  countries  are  Cornwall  in  Britain  and  Tas- 
mania and  other  Australian  provinces. 

Tin  Pyrites,  or  Sulphide  of  Tin,  gravity  4.4,  contains  generally  26  per  cent,  of  tin, 
30  of  copper,  12  of  iron  and  32  of  sulphur.  It  is  sometimes  called  "  Bell-metal  Ore," 
from  its  composition.  It  is  rare.  It  occurs  in  veins  in  the  primary  rock,  and  is  as 
often  worked  for  copper  as  for  tin  when  it  is  found.  Its  crystalline  form  is  cubic  and 
very  similar  to  iron  pyrite,  and  it  leaves  a  black  streak  on  a  h^-d  surface. 

ANTIMONY. 

Antimony,  specific  gravity  6.7,  is  a  silver-white  metal  of  brilliant  lustre  and  crystal- 
line texture.  It  is  very  brittle,  and  can  be  pulverized  with  a  hammer.  It  is  not  sen- 
sibly affected  by  exposure  to  air  at  ordinary  temperature,  but  tarnishes  slowly,  although 
it  does  not  rust.  It  is  only  useful  as  an  alloy,  being  too  brittle  to  be  used  alone.  It 
is  found  in  the  metallic  state  as  an  alloy  with  other  metals,  but  its  principal  useful 
occurrence  is  in  combination  with  sulphur. 


IQO  DETERMINATION  OF  MINERALS. 

Sulphide  of  Antimony,  gravity  4.5,  contains  72  per  cent,  of  antimony  and  28  of  sul- 
phur. It  is  a  leaden-gray  in  color  and  of  metallic  lustre,  unless  tarnished  by  oxida- 
tion. It  is  both  massive  and  fibrous,  like  bunches  of  needles,  and  may  be  granular. 
Its  powder  is  gsey,  and  turns  black  and  iridescent  on  being  heated,  and  will  melt  in  a 
candle  flame,  giving  off  fumes  of  sulphur.  It'  is  found  in  the  veins  of  the  primaries 
and  secondaries,  with  lead  and  zinc  ores.  There  are  oxides  of  antimony  as  well  as 
other  antimonial  minerals,  but  they  are  of  secondary  origin  and  very  rare  occurrence, 
and,  therefore,  of  no  commercial  value. 

MANGANESE. 

Manganese,  specific  gravity  8  o,  is  a  grayish-white  metal  of  mild  lustre,  fine  granu- 
lar texture,  rather  soft  and  brittle,  and  oxidizes  very  rapidly.  It  is  difficult  to  obtain 
pure,  and  unless  produced  by  a  careful  and  complicated  chemical  process  it  contains 
carbon,  and  then  resembles  cast-iron  both  in  appearance  and  quality,  varying  princi- 
pally in  being  more  brittle  and  so  hard  as  to  strike  fire  and  scratch  the  best  steel.  It 
enters  into  alloys  with  nearly  all  the  other  metals,  and  makes  them  harder  and  -whiter 
as  well  as  more  brittle.  It  is  never  found  in  the  metallic  state  in  nature. 

Pyrolusite,  or  Peroxide  of  Manganese,  gravity  4.8,  is  a  black  to  a  blackish-brown 
mineral,  sometimes  velvety  or  fibrous  in  appearance,  and  contains  63  per  cent,  of 
Manganese  to  37  of  oxygen.  It  is  found  in  veins  in  the  primaries  and  lower  second- 
aries, and  nearly  always  more  or  less  mixed  with  oxide  of  iron,  making  a  compound 
ore  which  when  combined  in  proper  proportions,  smelts  into  "  Ferro-Manganese,"  a 
very  useful  substance  for  mixing  with  Bessemer  and  other  steel.  "  Spiegeleisen  "  is 
one  of  the  varieties  of  Ferro-Manganese,  these  special  compounds  being  smelted  from 
ores  either  naturally  or  artifically  mixed.  This  ore  of  Manganese  is  used  extensively 
as  a  producer  of  chlorine  for  laboratory  uses  and  for  bleaching  purposes. 

Psilomelane  is  an  oxide  of  Manganese  containing  water  of  crystallization,  similar  in 
appearance  to  Pyrolusite. 

Wad  is  also  a  hydrated  oxide  of  Manganese  mixed  with  other  oxides  and  impuri- 
ties generally,  and  its  gravity  depends  on  the  amount  of  impurities;  but  in  general  it 
is  very  light,  and  found  in  loose,  black,  earth}'  masses.  Wad  is  to  the  pure  peroxide 
or  pyrolusite  what  bog  iron  ore  is  to  the  purer  oxides  of  iron. 

Manganese  Silicate  or  Rhodonite,  gravity  3.6,  contains  53  per  cent,  of  oxide  of 
manganese,  45  per  cent,  of  silica  and  2  per  cent,  of  iron,  lime,  magnesia  and  water. 
It  occurs  with  the  other  manganese  ores  and  usually  in  crystalline  masses,  flesh  red  in 
color,  but  may  be  brown  to  yellow  and  even  green.  Is  semi-transparent  generally, 
but  sometimes  opaque  ;  is  nearly  always  black  on  long-exposed  surfaces. 

Although  this  country  contains  very  many  enormous  deposits  of  the  best  peroxides 
of  manganese,  nearly  all  of  this  mineral  used  in  the  world  is  produced  in  Europe. 

GEMS. 

Diamond,  specific  gravity  3.5,  is  pure  carbon.  It  is  the  hardest  substance  known, 
and  also  the  most  valuable  in  man's  estimation,  on  account  of  its  great  rarity  and  sur- 
passing beauty.  Diamonds  are  of  many  colors,  but  the  most  valuable  are  colorless, 
perfectly  transparent  and  limpid,  and  of  adamantine  lustre.  From  this  they  graduate 
in  colors  to  white,  yellow,  red,  blue,  green,  brown  and  black,  their  value  being  as  var- 
iable as  their  color.  The  black  diamonds  are  now  valuable  as  cutters  in  drilling  tools, 
and  as  diamond  dust  in  the  cutting  of  precious  stones.  Diamonds  are  found  in  gravel 
and  sand  beds,  principally  among  the  gold  washings,  although  they  may  be  just  as 
plentiful  (or  rather  scarce)  in  other  sands  and  gravels  as  those  of  the  gold  regions,  and 
still  not  be  so  frequently  discovered,  because  these  other  sands  are  not  so  frequently 
examined,  and  the  diamonds  resemble  ordinary  pebbles  so  much  that  whole  fortunes 
may  be  cast  aside  unconsciously.  In  washing  gravels  for  diamonds,  the  operation 
should  not  be  a  rough,  rapid  one,  as  the  mechanical  portion  of  the  operation  consists 


in  washing  off  the  silicious  pebbles  with  a  gravity  of  2.5  from  the  diamonds  with  a 

ty  of  3.5,  so  that  there  is  not  much  differe 
on.     The  crystal  of  the  diamond  is  octohedral,  and  looks  like  a  couple  of  flattened 


gravity  of  3.5,  so  that  there  is  not  much  difference  in  weight  under  -water  to  operate 


four-square  "  pyramids  stuck  together  —  base  to  base.  The  faces  or  planes  of  the 
crystals  are  not  concave  or  hollow,  but  very  slightly  convex  or  full,  and  the  edges  or 
corners  are  remarkable  for  being  not  sharp,  but  slightly  rounded,  although  they  will 
cut  glass  or  rock  crystal  easily  enough.  The  diamond  has  a  peculiarly  cold  "feel." 


DETERMINATION  OF  MINERALS.  191 

In  the  rough  state  it  very  often  looks  like  a  lump  of  gum  arable.  Do  not  try  to  test 
a  stone  for  diamond  by  striking  it,  as  diamond  will  break  nearly  as  readily  as  other 
crystals,  notwithstanding  the  contrary  opinion  of  many  people  who  do  not  know  the 
difference  between  hardness  and  toughness.  A  diamond  will  stand  great  pressure, 
however,  and  will  allow  itself  to  be  slowly  pressed  into  the  side  of  the  blade  of  a  knife, 
or  it  will  dull  the  teeth  of  a  file.  The  value  of  diamonds  is  entirely  a  matter  of  size, 
clearness,  freedom  from  flaws,  and  color.  The  value  increases  with  the  size  in  a  rapid 
ratio,  but,  big  or  little,  pure  or  impure,  colorless  or  black,  they  are  always  more  or  less 
valuable.  In  addition  to  the  sands  and  gravels  as  places  to  look  for  diamonds,  they 
are  also  found  in  South  Africa  in  what  appear  to  be  cavities  (having  superficial  areas 
of  several  acres,  and  depths  of  several  hundred  feet)  in  ledges  of  shale  rock  of  unde- 
termined geological  age,  these  cavities  being  filled  with  grayish  clayey  soil  which  is 
dug  out  and  weathered  until  it  breaks  up  fine,  and  is  then  washed  in  pans  and  sluices, 
the  diamonds  being  left  behind,  as  with  gold  washing. 

yet,  specific  gravity  1.25,  is  a  kind  of  bituminous  coal,  and  is  found  in  the  lignite 
beds  of  the  tertiary  formation.  It  is  "jet"  black,  perfectly  opaque,  texture  compact 
and  homogeneous  generally,  although  it  sometimes  shows  a  woody  fibre ;  it  occurs  in 
irregular  masses  of  a  few  ounces  to  a  few  pounds  weight,  and  these  masses  sometimes 
have  the  shape  of  knotty  branches  of  trees.  Its  lustre  is  shining  and  brilliant,  its  frac- 
ture conchoidal,  and  it  is  as  clean  as  anthracite,  and  hard.  It  is  used  for  all  sorts  of 
"  mourning  "  jewelry  and  trinkets,  and  has  many  imitations.  It  is  to  be  looked  for 
in  the  lignitic  coal  beds  everywhere. 

Amber  is  a  fossil  resin.  It  is  generally  of  a  wine-yellow  color,  transparent  and 
beautifully  lustrous,  although  inferior  varieties  may  be  somewhat  dull  and  cloudy,  and 
even  brown  or  black  in  color.  Amber  is  found  in  the  lignite  beds  in  the  same  position 
as  jet,  but  the  pieces  are  generally  much  smaller  than  the  masses  of  jet,  and  it  is  much 
scarcer  and  more  valuable  About  the  only  mining  that  is  done  exclusively  for  amber 
is  near  the  sea-shore  in  Germany,  where,  at  a  depth  of  many  feet  below  sea  level,  there 
is  found  a  lignitic  bed  containing  many  pieces  of  amber,  and  very  extensive  apd  costly 
operations  are  now  carried  on  to  obtain  it.  The  choice  pieces  contain  insects  which 
were  embedded  in  the  amber  when  it  was  exposed  and  liquid,  and  have  been  pre- 
served ever  eince.  Amber  has  many  imitations,  principally  gums  or  resins,  such  as 
gum  copal. 

Sapphire,  specific  gravity  4.0,  when  absolutely  pute,  is  pure  alumina,  but  it  gener- 
ally contains  traces  of  lime  and  iron.  Although  blue  is  the  true  sapphire  color,  yet 
the  red  is  the  most  valuable.  The  red  sapphire  is  called  the  oriental  Ruby;  the  yel- 
low, the  oriental  Topaz;  the  green,  the  oriental  Emerald;  and  when  it  is  violet  col- 
ored, it  is  the  oriental  Amethyst.  The  sapphires  rank  next  to  the  diamonds  in  value, 
and  the  ruby  or  red  sapphire,  when  especially  perfect,  is  fully  equal  to  diamond. 
Sapphires  are  rather  longish  hexagonal  prisms,  just  about  the  shape  of  one  of  the  cells 
in  a  honey-comb,  but  the  very  perfect  crystals  are  rarely  that  large,  especially  the 
rubies.  Sometimes  the  crystals  will  be  six  sides  at  the  base  and  taper  towards  the 
other  end,  or  even  run  out  to  a  point,  making  a  six-sided  pyramid,  and  occasionally 
two  of  these  pyramids  will  be  joined  together,  base  to  base.  The  sapphires  are  of  the 
same  composition  as  corundum  (used  in  polishing)  and  are  next  to  diamonds  in  hard- 
ness. They  will  cut  anything  except  each  other  and  diamond,  but  they  will  not  resist 
breaking  any  better  than  diamond.  They  are  found  in  veins  carrying  chloritic  miner- 
als along  with  corundum  and  emery  in  serpentine  and  other  dykes  in  the  primary 
rocks,  and  are  also  washed  out  of  clays,  sands,  etc.,  which  have  resulted  from  the  de- 
struction of  the  original  veins,  just  as  gold  is  found,  and  their  weight  assists  in  their 
detection. 

Ruby,  or  Spinel  Ruby,  gravity  3.5,  contains  72  per  cent,  alumina,  28  magnesia,  and 
sometimes  chromium,  which  last  constituent  gives  it  its  red  color,  which  is  scarlet,  or 
rose-red,  or  orange-red,  or  violet-red.  The  crystal  is  octohedral,  looking  much  like  a 
couple  of  four-square  pyramids  fastened  base  to  base,  similar  to  diamond  crystals. 
Spinel  rubies  are  not  so  hard  nor  so  valuable  as  the  sapphire  rubies,  and  are  found  in 
very  much  the  same  localities,  but  with  an  additional  range  up  into  the  crystalline  and 
other  lower  limestones.  This  ruby  is  as  heavy  as  the  diamond,  but  not  so  heavy  as 
sapphire. 

Chrysoberyl,  gravity  3.8,  contains  80  per  cent,  of  alumina,  2O  of  glucina,  and  occa- 
sionally impurities.  Its  crystal  is  generally  a  short  six-sided  prism,  but  sometimes  is 
very  complicated.  Its  color  is  green,  with  a  yellowish  or  brownish  tinge,  and  it  has 


192  DETERMINATION  OF  MINERALS. 

the  gem-like  reflection  of  light  from  the  interior.  It  accompanies  the  sapphires  and 
other  aluminous  gems,  but  is  not  ranked  very  high  in  value. 

Turquoise,  gravity  3.0,  contains  45  per  cent  of  alumina,  30  of  phosphoric  acid,  4  of 
copper,  2  of  iron,  and  19  of  water.  It  is  bluish-green  and  somewhat  waxy  or  dull  in 
lustre,  passing  into  sky-blue  or  apple-green.  It  is  opaque,  and  the  crystals  are  gener- 
ally decomposed  into  kaolin  on  the  outside  and  difficult  to  recognize.  It  is  found  with 
the  other  aluminous  minerals. 

•Tourmaline,  gravity  3.0,  is  of  many  colors,  and  has  some  variation  in  composition, 
the  red  showing  44  per  cent,  of  alumina,  40  of  silica,  9  of  boracic  acid,  2  of  manga- 
nese oxyd,  and  3  of  lithia  and  water.  The  red  tourmaline  called  rubellite  has  all  the 
color  and  richness  of  the  ruby,  and  is  found  much  larger,  affording  gems  of  great 
beauty  and  value.  Yellow  tourmalines  are  often  as  fine  and  almost  as  valuable  as  the 
topaz.  There  are  black  and  blue  tourmalines  which  are  also  more  or  less  valuable, 
and  the  long  slender  crystals  of  black  tourmaline  are  much  sought  after  for  cabinets. 
Tourmalines  are  crystallized  in  prisms  of  3  or  6  or  more  sides,  but  the  number  of  sides 
is  always  a  multiple  of  3.  They  are  very  brittle,  and  are  found  in  the  primary  rocks 
and  the  lower  limestones  of  the  secondaries,  also  in,  or  around  veins  or  dykes. 

Topaz,  gravity  3.5,  contains  30  per  cent,  of  aluminum,  15  of  silicon,  20  of  fluorine, 
and  35  of  oxygen.  Its  color  is  usually  a  wine-yellow,  but  it  runs  into  green,  red  and 
blue  shades.  Its  crystal  is  an  eight-sided  prism,  and  its  color  can  be  easily  altered  by 
the  applicauon  of  heat.  Its  place  is  in  veins,  dykes,  etc.,  along  with  the  other  alu- 
minous minerals.  Its  value  is  not  of  the  first  rank.  The  red  crystals  are  the  most 
prized,  as  they  can  be  passed  for  rubies.  • 

Emerald,  gravity  2.7,  contains  67  per  cent,  of  silica,  19  of  alumina,  14  of  glucina, 
and  a  trace  of  chromium.  It  is  of  a  rich  green  color,  somewhat  vitreous  lustre,  comes 
in  six-sided  prisms,  and  is  found  in  the  primary  and  secondary  rocks,  principally  in 
magnesian  limestones.  Perfect  emeralds  are  very  scarce,  beautiful  and  valuable.  They 
are  hard  and  brittle,  and  dull  coated  on  the  outside,  and,  therefore,  difficult  to  recog- 
nize. 

Beryl,  gravity  2.7,  has  the  same  composition  as  emerald,  except  that  a  trace  of  iron 
takes  the  place  of  the  chromium  in  the  emerald.  It  differs  greatly  from  the  chryso- 
beryl,  which  is  decidedly  aluminous,  while  Beryl  is  just  as  decidedly  silicious.  Beryl 
comes  in  six-sided  prisms,  very  much  like  emerald,  and  is  found  in  the  same  rocks. 
They  are  greenish  in  color,  and  the  very  clear,  pure,  sea-green  crystals  are  called 
aqua-marines,  and  are  very  valuable. 

Opal,  gravity  2.1,  is  pure  silica,  usually  containing  some  water.  It  is  a  kind  of  soft 
quartz,  but  its  perfect  specimens  are  in  the  same  rank  as  diamonds  and  rubies  for 
beauty  and  value.  It  is  white,  red,  yellow,  green  or  grey  in  color,  very  compact  and 
lustrous,  and  presents  a  somewhat  milky  appearance.  It  is  remarkable  for  its  power 
of  reflecting  all  the  colors  of  the  rainbow  as  the  stone  is  turned  over.  When  this  play 
of  colors  is  perfect,  the  stone  is  a  "  precious  "  opal ;  when  only  the  red  or  yellow  rays 
are  reflected  it  is  called  "  Fire"  Opal,  and  when  it  ceases  to  give  off  colored  light  it 
becomes  common  or  semi-opal,  and  may  be  brown  or  black  in  color.  Opal  is  a  quartz 
pebble,  and  is  to  be  looked  for  anywhere  that  quartz  is  found,  even  up  in  the  tertiaries 
or  quarternaries. 

Amethyst,  gravity  2.6,  is  quartz,  colored  probably  by  manganese.  It  is  in  six-sided 
crystals  with  a  vitreous  lustre.  A  six-sided  prism  with  a  six-sided  pyramid  on  one 
end,  the  other  end  attached  to  a  matrix  of  sandstone,  is  the  most  usual  form.  The 
color  of  the  true  amethyst  is  violet,  but  the  red  stone,  properly  called  "  rose  quartz," 
is  often  called  red  amethyst;  the  yellow  quartz  or  false  topaz  also  is  erroneously  called 
yellow  amethyst. 

A  lot  of  quartz  crystals  taken  from  one  "  digging  "  will  often  show  amethyst,  rose 
quartz,  yellow  quartz,  smoky  quartz  and  prase  or  green  quartz,  and  they  are  all  very 
beautiful  stones,  much  valued. 

Carnelian,  gravity  2.6,  is  also  quartz,  but  it  is  in  the  chalcedonic  state;  /.  e.,  mas- 
sive, translucent  (not  transparent),  and  has  a  somewhat  waxy  appearance.  Carnelian 
is  bright  red,  and  of  a  rich  clear  texture  and  tint,  and  is  much  used  by  the  jewelers. 

Chrysoprase  is  an  apple-green  quartz  of  the  chalcedonic  variety. 

Agate  is  a  variegated  chalcedonic  quartz,  the  colors  being  arranged  in  concentric 
rings  or  distributed  in  cloudy-looking  spots.  Sometimes  they  are  in  zig-zag  lines  and 
again  resemble  a  bunch  of  loose  hair  or  moss  floating  in  water. 

Onyx,  gravity  2.6,  is  a  variety  of  agate.     The  layers  of  different  colored  quartz  iu 


DETERMINATION  OF  MINERALS.  193 

the  onyx  are  laid  on  each  other  like  the  leaves  of  a  book.  It  is  used  principally  in 
cameo  work,  where  by  cutting  away  portions  of  the  upper  layer  of  one  color,  the  next 
layer  of  an  entirely  different  color  is  exposed.  A  new  so-called  onyx  has  been  intro- 
duced into  American  art  under  the  name  of  the  '•  Mexican  "  Onyx.  It  is  a  very 
beautiful  stone,  and  the  paper  weights,  vases,  cabinet  specimens,  manlels  and  brackets 
from  it  are  of  rare  beauty  and  very  valuable;  but  it  is  carbonate  of  lime,  and,  therefore, 
not  onyx,  which  is  silica. 

Garnet,  gravity  4.0,  contains  about  42  per  cent,  silica,  20  of  alumina,  33  of  iron, 
and  5  °f  manganese.  Sometimes  the  manganese  is  increased  at  the  expense  of  the 
other  constituents,  principally  the  silica  and  iron.  The  general  shape  of  the  crystal  is 
dodecahedral,  but  its  surface  is  made  up  of  a  great  number  of  small  facets.  There  are 
very  many  colors  to  this  stone,  but  the  precious  garnet  is  a  clear,  deep  red,  and  is  quite 
valuable.  Other  varieties  are  the  "Cinnamon"  stone,  of  a  light,  yellowish-brown 
color,  or  the  Ouvarovite,  which  contains  chrome  and  is  of  a  rich  emerald-green  color, 
and  there  are  also  brown,  yellow  and  black  garnets.  Garnet  is  veiy  hard  but  also 
quite  brittle,  and  the  coarser  varieties  are  crushed  into  sand  and  used  as  an  abrasive. 
The  garnets  belong  to  the  primary  formations,  and  are  genarally  found  studding  the 
slates  and  elsewhere  in  rather  solid  rock,  but  rarely  in  recent  alluvial  deposits. 

Lapis- Lazuli,  gravity  2.7,  contains  45  per  cent,  silica,  32  of  alumina,  9  of  soda,  4 
of  lime  and  IO  of  iron,  sulphur,  chlorine  and  water.  It  occurs  in  many-laced  dode- 
cahedral crystals,  and  also  in  slabs,  and  its  color  is  rich  azure  blue.  Its  powder  is  the 
celebrated  paint  known  as  "Ultra-Marine,"  and  the  stone  itself  is  used  for  jewelry  of 
all  kinds  and  for  mosaic  and  inlaid  ornamental  carvings.  Fine  slabs  of  this  mineral 
are  very  valuable.  It  is  to  be  looked  for  in  granite  and  other  primary  rocks,  and  in 
the  lower  limestones. 

Hyacinth,  gravity  46,  contains  33  per  cent,  of  silica  and  67  of  zirconia.  Its  color 
is  red,  and  it  is  beautifully  clear  and  of  adamantine  lustre.  It  occurs  in  square  prisms, 
sometimes  with  the  corners  beveled,  and  perfect  specimens  are  very  valuable.  Hya- 
cinths are  the  purer  varieties  of  the  mineral  Zircon,  which  is  brown,  grey,  yellow  or 
white,  and  is  used  for  watch  jewels.  The  zircons,  including  of  course  the  hyacinths, 
are  found  only  in  the  primary  rocks. 

Precious  Serpentine,  gravity  2.5,  contains  42  per  cent,  silica,  44  of  magnesia,  12  of 
water  and  2  of  iron,  etc.  The  more  beautiful  portions  of  the  rock  serpentine  are 
called  "precious."  It  is  usually  massive  and  compact  in  texture,  and  of  an  oily-green 
color,  dull  resinous  lustre,  and  soft  enough  to  be  cut  with  a  knife.  Its  colors  are  very 
rich,  and  it  is  veiy  highly  prized  as  .a  material  for  vases,  mantels,  brackets,  and  other 
ornamental  work.  It  occurs  in  dykes  thrown  up  through  the  primary  rocks,  and  can 
be  quarried  out  in  blocks  and  slabs  with  care. 

Verd  Antique  is  a  limestone  having  serpentine  disseminated  through  it  in  veins  or 
cloud-like  masses,  and  is  one  of  the  most  valuable  of  ornamental  stones. 

Malachite  is  the  green  carbonate  of  copper.  When  found  in  large  and  pure  enough 
masses  to  be  cut  into  vases,  table-tops,  etc.,  it  is  too  valuable  for  making  copper.  Its 
value  depends  largely  on  the  color  bands  and  radiations. 

PAINTS. 

Natural  paints  are  those  minerals  which,  when  finely  powdered  and  mixed  with  oil, 
will  adhere  to  any  surface  upon  which  they  may  be  spread,  and  in  time  form  a  skin 
or  film  hard  and  impermeable  enough  to  protect  the  surface  from  ordinary  weathering. 

Red  Iron  Paint  is  composed  of  oil  mixed  with  the  red  powder  of  pulverized  sesqui- 
oxide  of  iron,  the  ores  for  this  purpose  being  the  grey  or  red  oxide  /'.  e.,  the  specular 
and  red  hematites  described  under  the  head  of  iron  and  Jts  ores.  The  sesqui-oxide  of 
iron  contains  70  per  cent,  of  iron  and  30  of  oxygen,  and  is  the  richest  possible  red  iron 
paint,  for  the  reason  that  no  iron  oxide  becomes  red  until  it  takes  up  30  per  cent  of 
oxygen.  The  red  paint  made  by  completely  pulverizing  the  gr<  y  sesqui-oxide  or  the 
red  dyestone  hematite  ores,  with  very  heavy  machinery  and  conscientious  care,  is  a 
first-class  paint. 

Yellow  Iron  Paint  is  the  powder  of  pulverized  hyrlrated  sesqui-oxide  of  iron,  com- 
monly called  limonite  or  brown  hematite  iron  ore.  When  pure,  this  ore  cannot  con- 
tain more  than  60  per  cent,  of  iron,  but  In  mixing  with  the  anhydrous  oxides,  the 
color  is  darkened  and  the  metallic  percentage  increased  nearly  to  that  of  the  red  or 
black  oxide. 


194  DETERMINATION  OF  MINERALS. 

Black  Iron  Paint  is  the  powder  of  pulverized  black  oxide  of  iron,  this  being  the 
magnetic  ore,  and  contains,  when  pure,  72  per  cent,  of  iron.  This  ore  is  a  proto- 
sesqui-oxide,  and  is  the  richest  possible  stable  or  fixed  compound  of  iron  and  oxygen, 
the  proto-oxide  changing  into  this  by  taking  up  more  oxygen  on  the  first  exposure  to 
moist  air.  This  black  powder  mixed  with  the  red  or  yellow  powders,  gives  a  very 
wide  range  of  colors. 

Umber  is  of  variable  shades,  but  is  produced  by  mixing  the  iron  paints  with  pow- 
dered oxide  of  manganese,  which  gives  a  purplish  gloss  to  the  iron  colors. 

Red  Copper  Paint  is  the  pulverized  red  oxide  of  copper,  and  is  rarely  made  for  use 
out  doors,  as  the  ore  is  too  valuable. 

Green  Copper  Paint  is  the  pulverized  green  silicate  of  copper. 

Zinc  White  is  the  oxide  of  zinc,  and  is  not  found  pure  enough  in  nature,  but  is 
manufactured. 

White  Lead  is  carbonate  of  lead,  which  also  is  made  in  large  establishments,  and 
under  complicated  processes,  the  native  carbonate  ores  of  lead  not  being  pure  enough. 

Red  Lead  is  an  oxide  of  lead,  and  is  manufactured. 

Vermillion  is  pulverized  cinnabar,  the  sulphide  of  mercury. 

Spar  Paint  is  pulverized  barytes.  It  makes  a  tolerable  paint,  very  white  in  color, 
and  is  used  to  adulterate  white  lead  or  zinc  paints. 

Cement  Paint  is  any  kind  of  lime  mixed  with  vegetable  oil  instead  of  water,  as  in 
the  case  of  whitewash.  There  are  some  of  the  cements  which  make  a  most  admirable 
paint  when  ground  in  oil. 

Slate  Paint  is  made  of  selected  scraps  of  fine-grained  slates  pulverized  and  mixed 
or  ground  in  oil.  When  used  in  very  thick  coats  the  slate  paints  become  fire-proof, 
and  mixed  with  India  rubber,  or  sometimes  asphaltic  mineral,  they  make  good  roofing. 

Graphite  Paint  is  pulverized  pure  black  lead  or  graphite.  This  is  very  fine  and 
glossy,  and  can  be  made  into  a  fire-proof  coating  for  roofs  and  other  surfaces. 

Red  Ochre  is  fine  clay  containing  enough  red  iron  ore  to  tint  it.  It  can  be  made 
artificially  by  mixing  red  iron  paint  with  clay,  but  the  fine  natural  ochres  are  the  most 
valuable,  by  reason  of  the  immense  amount  of  assortment  and  trituration  which  they 
have  undergone.  Man  has  not  yet  successfully  imitated  these,  except  by  expensive 
chemical  precipitation. 

Yello~<.v  Ochre  is  any  mixture  of  clay  with  brown  iron  ore,  and  can  be  prepared  arti- 
ficially, as  with  red  ochre,  but  the  natural  mixture  is  the  best.  These  ochres  when 
mixed  with  manganese  make  the  different  shades  of  umber.  The  difference  between 
the  metallic  paints  and  the  ochre  paints  is  merely,  that  the  metallic  paints  are  the  pure 
oxides,  while  the  ochres  have  more  or  less  clays  mixed  with  them. 

All  natural  paints  should  be  carefully  assorted  into  lumps  of  uniform  color  and  tex- 
ture before  being  powdered,  or  the  result  will  be  variable.  The  yellow  iron  paints 
and  ochres  change  to  red  by  burning,  i.  e.,  the  water  of  hydration  is  burned  out  of  the 
limonite  iron  ore,  leaving  it  a  red  hematite. 


DETERMINATION  OF  MINERALS. 
PROFESSOR  J.    D.    DANA'S  TABLE   OF   GEOLOGICAL   FORMATIONS. 


•TSTBM6    OR 

GROUPS  OR   PERIODS 

FORMATIONS  OR  BPOCHS. 

Age  of  man. 

20.  Quaternary. 

ao.  Quaternary. 

•s-jj 

19.  Tertiary. 

19  c.  Pliocene. 

j] 

19  b.  Miocene. 
19  a.  Eocene. 

t 

18.  Cretaceous. 

1  8  c.  Upper  Cretaceous. 
i8b.  Middle  Cretaceous. 

18  a.  Lower  Cretaceous. 

i 

3 

17.  Jurassic. 

17.  Jurassic. 

j 

16.  Triassic. 

16.  Triassic. 

2 

15.  Permian. 

15.  Permian. 

1 

14.  Carboniferous. 

14  c.  Upper  Coal  Measures. 
14  b.  Lower  Coal  Measures. 

14  a.  Millstone  Grit. 

3 

13.  Subcarboniferous. 

13  b.  Upper  Subcarboniferous  . 
13  a.  Lower  Subcarboniferous. 

8 

».  Catskill. 

i».  Catskill. 

1 
"o 

i«.  Chemung. 

ii  b.  Chemung. 
ii  a.  Portage. 

81 

10.  Hamilton. 

ice.  Genesee. 

10  b.  Hamilton. 

10  a.  Marcellus. 

1 

9.  Corniferous. 

9  c.  Corniferous. 
ob.  Schoharie. 

I 

9  a.  Cauda  Galli. 

8.  Oriskany. 

8.  Oriskany. 

1 

7.  Lower  Helderberg. 

7.  Lower  Helderberg. 

* 

in 

6.  Salina. 

6.  Salina. 

I 

1 

5.  Niagara. 

5  c.  Niagara. 
5  b.  Clinton. 

| 

5  a.  Medina. 

S 

4.  Trenton. 

4  c.  Cincinnati. 
4  b.  Utica. 

s 

. 

4  a.  Trenton. 

g 

| 

3.  Canadian. 

3  c.  Chazy. 
3  b.  Quebec. 
3  a.  Calciferous. 

i 

I 

t.  Primordial  or  Cambrian. 

ab.  Potsdam 
a  a.  Acadian. 

i  b.  Huronian. 

i  a.  Laurentian. 

196  DETERMINATION  OF  MINERALS. 

PROFESSOR    T.    STEKRY    HUNT  S    TABLE    OF    GEOLOGICAL    FORMATIONS. 


AGBS. 

GROUPS. 

AMERICAN    FORMATIONS. 

Cenoioic. 

20.  Quaternary. 

so.  Recent. 

19.  Tertiary. 

19  c.  Pliocene. 
19  b.  Miocene. 
19  a.  Eocene. 

Mesox^ic. 

18.  Cretaceous. 
17.  Jurassic. 
16.  Triassic. 

18.  Cretaceous. 
17.  New  Red  Sandstone. 
16.  New  Red  Sandstone. 

Paleoioic 

13-^15.  Carboniferous. 

15.  Permo-Carboniferous. 
14.  Coal  Measures. 
13  b.  Mississippi  (Carb.  Limestone). 
13  a.  Waverley  or  Bona  venture. 

8-ia.   Erian  or  Devonian. 

12.  Catskill. 
ii.  Chemung  and  Portage. 
10.  Hamilton    (including  Genesee   and 
Marcellus). 
9.  Comiferous  or  Upper  Helderberg. 
8.  Oriskany. 

5-7.  Silurian. 

7.  Lower  Helderberg. 
6.  Onondaga  or  Salina. 
5  c.  Niagara  (including  Guelph). 
5  b.  Clinton. 
5  a.  Medina. 
5  a.  Oneida. 

4.  Upper  Cambrian,  Siluro-Cambrian, 
Ordovician,  or  Ordovian. 

4  c.  Loraine. 
4  b.  Utica. 
4  a.  Trenton. 

3.  Middle  Cambrian. 

3  c.  Chazy. 
3  b.  Levis  (Tremadoc  and  Arenig). 
3  a.  Calciferous. 

a.  Lower  Cambrian. 

2  e.  Potsdam. 
2  d.  Sillery. 
3  c.  Acadian  (Menevian). 
2  b.  Taconian. 

a  a.  Keweenian.      ' 

Eozoic. 

I.  Primary  or  Crystalline. 

I  e.  Montalban. 
I  d.  Norian  or  Labrador.* 
i  c.  Huronian. 
i  b.  Arvonian. 
i  a.  Laurentian. 

•Professor  Hunt  says  there  are  many  reasons  for  believing  that  the  Norian  may  be  older  than  the 

Arvonian  and  Huronian. 

NOTKS.— In  the  following  notes  Professor  Hunt's  classification  is  sufficiently  followed  to  show  tht 
nature  of  the  older  groups  which  he  distinguishes  : 

i  a.  Laurentian.  Chiefly  massive  gneiss,  reddish  or  grayish,  sparingly  micaceous,  often  hornblen- 
die.  Some  crystalline  limestone,  magnetic  iron,  and  other  metallic  ores. 

i  b.  Arvonian.  Chiefly  petrosilex,  often  becoming  quartziferous  prophyry,  with  some  quartzitr* 
and  hornblendic  rocks  ;  magnetic  and  specular  iron  ores. 

i  c.  Norian.  Chiefly  a  feldspathic  rock  (norite),  which  sometimes  carries  garnet,  epidote,  etc.  ; 
also,  great  beds  of  titaniferous  iron  ores. 

i  d.  Huronian.  Chloritic  schists,  greenstone  (diorite  or  diabase),  serpentine,  steatite,  dolomite, 
copper,  chrome,  nickel,  and  iron  ore. 

1  c.  Montalban.     Fine-grained  micaceous  or  hornblendic  gneiss,  chrysolite  rock,  serpentine,  mica- 
chist,  granite. 

2  a.  Keiueenian.     The  copper-bearing  series  of  Lake  Superior,  made  up  of  sandstones  and  conglom- 
rates,  with  much  interstratified  eruptive  rock. 

7  b.  Taconian.  Granular  quartzites,  argillites  and  nacreous  or  hydro-micaceous  schists,  and  great 
masses  of  crystalline  limestone,  marbles,  magnetite,  siderite,  and  pyrite  changing  to  limonite. 


DETERMINATION  OF  MINERALS.  197 

2  c  and  2  d.   Acadian  (and  Sillery).      Fossiliferous  sandstone  and  shale. 

2  e.    Potsdam.     Sandstone,  conglomerate. 

3  a.    Calciferous.      Sandy  magnesian  limestone,  calcareous  sandstone. 
3  b.    Quebec.     Sandstone,  limestone  conglomerate,  black  slate. 

3  c.    Chazy.     Limestone,  chert. 

4  a.    Trenton.     Limestone,  buff  and  blue;  dolomite  carrying  lead-ore  deposits;  brown 
hematite  beds. 

4  b.    Utica.  Dark  carbonaceous  slate ;  impure  limestone. 

4  c.   Hudson  River.     Slate,  shale,  clay,  grit. 

5  a.   Medina.  Conglomerate;  argillaceous  sandstone. 

5  b.  Clinton.  Sandstone,  shale,  conglomerate,  limestone,  fossiliferous  red  hematite, 
or  oolitic  iron-ore  bed. 

5  c.   A7iagara.     Clay  shale  ;  limestone. 

6.  Salina.     Red  shale,  gypseous  shale,  hydraulic  lime,  salt. 

7.  Lower  Heldcrberg.     Limestone,  shaly  or  compact,  ana  fossiliferous. 

8.  Oriskany.     Sandstone. 

9.  Corniferous  or  Upper  Helderberg.      Principally  limestone. 

9  a.  Cauda-gaili.  Fine-grained  calcareous  and  argillaceous,  drab  or  brownish  sand- 
stone; peculiar  fossils. 

9  b.  Schoharie  Grit.  Fine-grained  calcareous  grit,  similar  to  9  a,  but  with  differ 
ing  fossils. 

9  c.    Onondaga,  and  9  d.    Corniferous.     Gray,  blue,  black  limestone.     At  the  top 
of  9  d  occur  the  Marcellus  iron  ores  (carbonate). 

10  a.   Marcel/us.      Black  or  dark  brown  bituminous  and  pyritiferous  shales.     In  10 
a  and  9  d  occur  the  petroleum  deposits  of  Canada. 

10  b.  Hamilton.     Slate,  shale,  sandstone,  calcareous,  and  argillaceous. 

10  b.  Tully.     Impure  dark  limestone. 

10  c.  Genesee.   Black  clay  slate. 

1 1  a.  Portage.     Green  and  black  sandy  and  slaty  shales,  sandstone,  flagstone. 

II  b.  Chemung.  Tnin-bedded  greenish  sandstones  and  flagstones,  with  intervening 
shales,  and  rarely  beds  of  impure  limestone. 

12.    Cats  kill.      Red,  gray  sandstone,  grindstone  grit,  greenish  shale,  conglomerate. 
13  a.   Lower  Subcar  Coniferous.     Sandstone,  limestone,  small  local  coal  iiecs. 

13  b.    Upper  Subcarboniferous.     Red  shale,  red  and  gray  sandstone*  biue  limestone. 

14  a.  Millstone   Grit.     White   or   yellow   sandstone,  and   conglomerate   of  quartz 
pebbles. 

14  b  and  14  c.  Coal  Measures.  Fire-clay,  shale,  sandstone,  conglomerate,  lime- 
stone, bituminous  coal,  anthracite,  iron  ore,  salt. 

15.  Permian.     Limestone,  sandstone,  marl,  shale. 

16.  Triassic.     Red  sandstone,  red  shale,  conglomerate,  lignite,  trap  dikes,  coppei 
ore,  coal. 

17.  Jurassic.  Marl,  limestone,  probably  the  gold-bearing  slates  of  California. 
iS.    Cretaceous.     Earthy  beds  of  sand,  marl,  clay,  limestone,  chalk,  lignite. 

19.  Tertiary.     Earthy  sand,  clay,  marl,  limestone,  sandstone. 

20.  Quaternary.     Sand,   pebbles,   boulders,  clay,   diluvium,   alluvium;   gravel   and 
placer  tin  and  gold  deposits. 

NOTE. — The  primary  and  crystalline*  schistose  rocks  contain  the  larger  number  of 
mineral  veins.  The  ancient  magnesian  limestones  (probably  Devonian)  arc  cnarac- 
teri/ed  in  many  localities  by  deposits  of  argentiferous  lead  ore  and  of  zinc  ore. 


I98 


DETERMINATION  OF  MINERALS. 


MINERAL   DEPOSITS. 


Mineral  deposits  are  of  various  kinds.     They  may  mainly  be  divided  into 

1.  Ore-bearing  strata,  or  beds. 

2.  Veins. 

3.  Ore  chimneys. 

An  ore-bearing  stratum  is  a  stratum  which  is  largely  or  wholly  composed  of  the 
ore,  which  is  deposited  between  strata  of  rock.  Evidently  these  can  only  occur  in  a 
region  of  stratified  rocks.  To  this  class  belong  many  iron  veins.  The  strata  may  be 
uptilted  or  horizontal.  "  Pockets"  of  ore  are  often  found  limited  to  a  certain  stratum 
of  rocks,  and  are  deposits  of  ore  found  in  the  cavities  or  caves  in' the  rocks.  They 
may  be  of  almost  any  size.  The  word  pocket  is  also  applied  to  a  rich  spot  in  any  ore 
deposit. 

Veins  are  those  deposits  where  the  country-rock  has  been  cleft  by  fissures,  which 
have  been  afterward  filled  in  with  an  accumulation  of  mineral  matters  in  a  purer  or 
more  concentrated  form  than  that  in  which  they  existed  previously  in  the  rocks.  The 
accumulation  has  in  all  cases  taken  place  subsequently  to  the  formation  of  the  fissure, 
and  by  a  slow  process;  either  of  lateral  secretion  or  infiltration,  by  which  minerals 
leached  out  of  the  country  rocks  were  deposited  in  the  fissure ;  or,  in  the  case  of  the 
great  fissures,  by  deposit  from  hot  alkaline  springs  coming  up  through  the  fissures. 
The  vein  filling  is  deposited  in  the  latter  case  by  the  solution,  or  hot  alkaline  water, 
as  it  cools.  In  California  and  Nevada  such  alkaline  carbonate  and  alkaline  sulphide 
solutions  are  found  still  depositings  ilica  (quartz)  and  carbonates  of  lime  and  iron,  and 
in  some  cases  filling  fissures  (Le  Conte). 

A  "  contact  vein"  is  one  in  which  the  vein  has  followed  the  joint  or  contact  be- 
tween two  strata  of  rocks.  These  strata  may  be  either  horizontal  or  inclined  at  any 
angle.  The  hanging  wall  and  foot  wall  are  frequently  of  different  characters. 

An  "ore  chute"  is  a  part  of  a  vein,  of  small  lateral  extent,  but  continuing  down- 
ward through  the  vein,  which  is  larger  or  better  filled  with  ore  than  most  of  the  vein. 

Another  and  less  frequent  mode  of  deposit  is  that  in  the  form  of  an  ore -"chimney," 
where  there  is  apparently  no  fissure,  but  an  almost  vertical  deposit  of  ore  without 
comparatively  great  lateral  extent,  and  without  inclosing  walls. 

Le  Conte,  in  his  Elements  of  Geology,  says  "  Fissure  veins  .  .  .  are  fillings  of  the 
great  fissures  produced  by  movements  of  the  earth's  crust.  When  these  fissures  are 
filled  at  the  time  of  formation  [with  lava  or  barren  rock]  by  igneous  injection,  they 
are  called  dikes;  but  if  subsequently,  with  mineral  mailer,  by  a  different  process  [de- 
posit from  solution]  they  are  fissure  veins The  distinction  between  the  vein 

and  the  wall-rock  is  usually  quite  marked.  In  many  cases  ....  the  vein-filling  is 
separated  from  the  wall-rock  by  a  layer  of  tenacious  clayey  matter  called  a  selvage. 
The  selvage  is  probably  formed  by  decomposition  of  the  wall-rock  in  immediate  con- 
tact with  the  vein,  by  circulating  water." 

"  Mineral  veins  seldom  or  never  outcrop  on  the  surface  in  the  condition  in  which 
we  have  described  them.  On  the  contrary,  there  are  certain  changes  which  they  un- 
dergo through  the  influence  of  atmospheric  agencies,  which  render  their  appearance 
along  their  outcrop  quite  different  from  that  of  jhe  same  vein  at  some  depth  below." 
These  changes  are  various,  depending  upon  the  contents  of  the  vein.  In  veins  con- 
taining copper  pyrites  below,  the  surface  outcrop  shows  usually  spongy  iorn  ore.  In 
veins  containing  galena  the  outcrop  is  likely  to  contain  carbonate  of  lead.  In  veins 
of  quartz  containing  iron  pyrites,  the  outcrop  is  likely  to  be  an  iron-stained  porous 
quartz,  containing  gold  if  the  pyrites  do  also. 

Faults  in  veins.  Nearly  always,  the  walls  on  the  two  sides  of  a  fissure  do  not  cor- 
respond with  each  other,  but  one  side  has  been  pushed  up  higher  or  droppei  down 
lower  than  another,  Such  a  displacement  is  called  a  fault,  a  slip,  or  a  dislocation. 
The  foot  wall  has  usually  gone  upward  and  the  hanging  wall  downward.  At  other 
times  a  fault  or  slip  may  have  occurred  across  the  vein,  and  the  vein  is  lost  after 
reaching  a  certain  depth,  or  a  certain  lateral  extent.  In  this  case  the  direction  of  the 
slipping  must  be  ascertained  from  the  conditions  at  the  fault. 

An  inclosed  mass  of  country  rock  in  the  midst  of  the  ore  of  a  vein  is  called  a 
"horse."  These  are  the  results  of  movements  of  the  walls  after  the  fissure  was  first 
formed. 


DETERMINATION  OF  MINERALS. 


SUGGESTIONS  TO  PROSPECTORS. 


199 


No  fine  clothes,  not  even  a  white  shirt,  should  be  brought  to  the  mountains.  The 
prospector  should  have  two  ponies  or  two  jacks,  a  \  ole  pick,  shovel,  compass,  frying- 
pan,  tin  plates,  knife,  fork,  spoon,  four  double  blankets,  oil  cloth,  gum  overcoat  and 
leggings,  and  a  small  tent. 

PROF.  CLAYTON'S  ADVICE  TO  PROSPECTORS. 

1.  Examine  the  gravel  and  boulders  of  the  mountain  streams,  and  note  carefully  the 
structure  and  character  of  the  gravel  wash.    This  will  reveal  the  geological  formations 
that  are  intersected  by  the  stream.     Try  the  sands  at  the  head  of  the  gravel  bars  for 
free  gold,  or  for  any  crystalized  minerals.     If  the  structure  of  the  quartz  boulders  or 
other  vein  stones  is  favorable,  go  up  the  stream  until  the  geological  zone  is  found  that 
has  produced  the  quartz  or  other  metal-bearing  minerals.     Then  follow  the  supposed 
metal-bearing  zone  on  its  line  of  strike,  and  make  especially  careful  examinations 
wherever  eruptive  dykes  are  found  intersecting  the  formation. 

2.  When  a  lode  or  vein  is  found,  note  carefully  its  relation  to  the  country  rock,  es- 
pecially any  difference  in  the  opposite  walls  of  the  vein.     Then  follow  it  on  the  line 
of  outcrop,  and  note  carefully  those  points  where  the  best  ores  are  seen,  so  as  to  de- 
termine the  position  of  the  best  ore  chutes  before  making  any  location  on  the  lode. 

3.  The  first  work  should  consist  of  shallow  cuts  across  the  lode  at  intervals  of  50  to 
loo  feet,  or  if  the  vein  is  small  and  partially  covered  by  soil  and  debris,  a  trench 
along  the  line  of  outcrop  is  preferable.     If  the  surface  tracing  is  satisfactory,  and  the 
true  line  of  line  of  strike  has  been  determined,  then  survey  your  claim  and  stake  off  the 
boundaries  according  to  the  requirements  of  the  United  States  laws. 

4.  The  work  of  exploring  the  vein  under  ground  is  the  next  thing  in  order.    To  do 
this  intelligently,  you  must  select  that  point  on  the  line  of  outcrop  where  the  best  ore 
is  found,  then  sink  a  shaft  on  the  lode  following  the  angle  of  dip,  keeping  both  foot 
wall  and  hanging  wall  exposed  if  possible.     If  the  lode  is  too  wide  for  this  to  be  done, 
then  follow  the  best  ore  streak  of  the  vein  itself,  and  at  every  fifty  feet  in  depth  make 
cross-cuts  to  the  walls  of  the  vein. 

5.  After  loo  feet  has  been  reached,  run  levels  each  way  from  the  shaft  on  the  line 
of  the  vein,  in  order  to  determine  the  extent  or  spread  of  the  ore  chute  or  chimney  in 
the  horizontal  line.     When  the  limit  of  the  ore  body  on  the  horizontal  line  has  been 
ascertained,  then  sink  loo  feet  more,  and  drift  right  and  left  as  before.     If  more  tfian 
one  chimney  of  ore  is  found  on  the  line  of  the  vein,  a  shaft  should  be  sunk  on  it,  and 
drifts  run  as  above  stated,  being  careful  to  confine  all  the  exploring  work  within  the 
walls  of  the  vein  itself. 

6.  When  enough  has  been  done  to  prove  the  character,  size  and  quality  of  the  vein, 
it  will  then  be  time  to  determine  the  position,  character  and  extent  of  the  "  dead- 
work"  necessary  to  work  the  mine  to  the  deep.     These  questions  should  be  settled  by 
careful  surveys  made  in  the  light  of  all   the  local  facts  and  surroundings,  such  as  tl  e 
geological  structure  of  the  country  rock,  the  probable  amount  of  water  to  be  raised, 
the  lowest  point  of  drainage  by  adit  or  level,  and  the  most  convenient  point  for  deliv- 
ery of  the  ores  to  the  surface,  etc. 

The  last  part  of  the  preliminary  exploration  of  any  mine  is  to  determine,  by  actual 
tests,  what  are  the  best  methods  of  reduction,  and  the  extent  and  lend  of  reduction 
works  needed,  etc. 

7.  After  all  these  preliminary  facts  have  been  thoroughly  ascertained  and  clearly 
defined,  the  unavoidable  risks  of  mining  will  have  been  fully  met  and  overcome.    All 
subsequent  operations  are  simply  matters  of  skill  and  business  management,  and  the 
capitalizing  of  the  mine  becomes  a  mere  matter  of  business  detail. 

The  requirements  are  as  follows  : 

1.  The  preliminary  exploration  must  have  ore  enough  cut  and  under-run,  or  other- 
wise exposed,  to  give  at  least  two  years'  work  for  reduction  work  of  an  extent  suffi- 
cient for  the  annual  average  output  of  ore. 

2.  The  reduction  works  must  be  suited  for  the  best  treatment  of  the  ore. 

3.  The  exploration  of  the  mine  must  be  pushed  ahead  of  the  extraction  of  ore,  so 
as  to  expose  at  least  one  ton  of  ore  in  new  ground  for  every  ton  extracted  from  the 
previously  explored  ground. 


200  DETERMINATION  OF  MINERALS. 

4.  Before  erecting  reduction  works,  the  ore  exposed  in  the  mine  should  be  so  thor- 
oughly tested  as  to   guarantee  a  net  profit  sufficient  to  pay  the  whole  cost  of  such 
work. 

5.  The  mine  being  well  opened,  and  the  reduction  works  or  plant  established,  the 
peneral  success  of  the  enterprise  must  depend  upon  the  efficiency  of  the  general  busi- 
ness management. 

Marking  the  Boundaries  of  a  Claim  on  Government  Land. 

Complete  directions  are  given  in  the  United  States  mininc  laws  and  land  office  regu- 
lations, for  writing  a  location  notice  and  for  the  preliminaries  required  for  locating  a 
claim.  A  short  description  of  the  method  of  marking  the  corners  of  a  claim  on  gov- 
ernment land  is  here  given,  with  an  explanatory  diagram. 

In  all  cases  of  locating  a  lode  claim,  a  location  notice  is  required  to  be  posted  at 
the  discovery  opening.  This  must  contain  the  name  of  the  lode,  the  date  of  dis- 
covery, the  names  of  the  locators,  and  the  distance  and  direction  of  the  claim  each 
way  from  the  opening  along  the  vein.  The  width  is  limited  by  United  States  laws  to 
300  feet  each  side  of  the  vein ;  but  State  and  District  regulations  often  make  it  le.=s. 
The  total  length  aiong  the  vein  is  always  1500  feet,  except  where  limited  by  other 
claims.  As  soon  as  the  discovery  is  made  the  prospector  usually  writes  his  location 
notice  on  a  smoothed  stake,  with  a  soft  pencil,  plainly,  in  the  following  manner: 
[the  description  is,  of  course,  imaginary]. 

"  The  Cornucopia  Lode  Claim. 

"  I  (or  we)  claim  fifteen  hundred  feet  in  length  along  this  lode ;  twelve  hundred 
feet  in  a  North  Easterly  direction  from  this  discovery  shaft,  and  three  hundred  feet 
in  a  South  Westerly  direction  therefrom,  running  with  the  outcrop  of  the  lode  ;  with 
one  hundred  and  fifty  feet  in  width  on  each  side  of  the  center  of  the  vein.  Discov- 
ered this  icth  day  of  June,  A.  D.  1897. 

JOHN  SMITH,  one-half  owner, 
RICHARD  ROE,  one-fourth  owner, 
JOHN  DOE,  one-fourth  owner, 

Locators." 

This  is  posted  in  a  conspicuous  place  near  the  shaft. 

Having  sunk  the  discovery  shaft,  or  cut,  or  tunnel,  to  the  required  distance,  it  be- 
comes necessary  within  a  prescribed  time  to  mark  the  boundaries  of  the  claim.  A 
knowledge  of  the  trend  of  the  vein  as  indicated  by  the  points  of  the  compass  is  re- 
quifed.  A  pocket  compass  may  be  used ;  or  if  the  direction  of  the  North  and  South 
line  at  the  discovery  is  known,  from  observing  the  sun  at  noon  or  the  North  Star  at 
night,  the  general  direction  of  the  vein  may  be  determined  from  this  closely  enough 
for  the  purpose  of  the  description,  and  no  risk  will  then  be  run  of  making  a  mistake 
on  account  of  the  variation  of  the  compass,  which  is  uncertain  in  the  mining  regions. 
It  is  only  necessary  to  name  the  direction  approximately,  thus,  Northerly  and 
Southerly ;  or,  Northwesterly  and  Southeasterly. 

A  good  tape  line  25  to  50  feet  long  should  be  used  for  measuring,  and  should  be 
previously  tested  with  a  2-foot  rule  or  a  carpenter's  square. 

Having  determined  the  direction  in  which  the  vein  extends,  measure  from  the 
shaft  along  the  line  of  the  outcrop  of  the  vein,  which  is  the  center  line  of  the  claim, 
the  distance  claimed  in  each  direction,  setting  a  temporary  stake  at  the  middle  of  the 
center  line  when  it  is  reached,  and  stakes  at  the  center  of  each  end  line.  In  some 
States  and  Territories  the  law  requires  permanent  stakes  at  the  centers  of  the  end 
lines ;  in  others,  as  in  Colorado,  these  may  be  only  for  temporary  use  in  setting  the 
corners. 

From  each  of  the  three  stakes  on  the  center-line  of  the  claim,  viz.,  one  at  each  end 
and  one  at  the  middle  of  the  claim,  measure  at  a  right  angle  to  the  center-line  dis- 
tances equal  to  the  wic'.th  claimed  on  each  side  of  the  center  to  both  right  and  left, 
and  at  the  points  thus  reached  set  the  permanent  stakes  for  the  corners  and  side-line 
centers.  These  stakes  are  usually  at  least  four  feet  above  the  ground,  four  inches 
thick  each  way,  and  smooth  on  at  least  one  side,  on  which  is  written  plainly  the  name 
of  the  lode-claim  and  the  designation  of  the  corner,  thus  :  "  North  Corner  of  Cornu- 
copia Lode  Claim." 

The  stakes  are  driven,  if  possible,  into  the  ground,  and   also  surrounded  by  ^ 


DETERMINATION  OF  MINERALS.  261 

monument  of  stones  carefully  put  up.  If  the  law  of  the  mining  district  require  stakes 
at  the  centers  of  the  ends,  these  should  be  permanently  set  in  the  same  manner. 

After  marking  the  boundaries,  the  Location  Certificate  is  written,  usually  on  blank 
forms  to  be  obtained  for  the  purpose,  and  in  accordance  with  the  form  prescribed  in 
the  United  States  Laws  and  Land  Office  regulations.  The  simplest  description  is  the 
best;  a  copy  of  the  location  stake  will  answer.  The  distance  and  general  direction 
from  the  discovery  shaft  to  some  permanent  and  prominent  object,  such  as  a  large 
rock,  the  forks  of  a  stream,  a  blazed  tree,  or,  if  on  land  that  has  been  sub-divided, 
the  distance  and  direction  to  some  corner  of  the  U.  S.  Survey,  should  always  be  in- 
cluded, as  a  means  of  identifying  the  point  should  disputes  arise  in  the  future.  The 
location  certificate  is  then  filed  with  the  County  or  District  recorder  as  required 
by  law. 

In  the  case  of  a  placer-claim,  the  shape  of  the  ground  is  different  from  that  of  a 
lode-claim.  If  on  land  which  has  been  sub-divided  by  the  United  States  land  survey, 
the  boundaries  of  the  claim  must  conform  to  the  public  land  survey ;  that  is,  the 
boundaries  of  the  placer  must  run  North  and  South  and  East  and  West,  and  must  also 
be  so  placed  as  to  form  one  of  the  regular  sub-divisions  into  which  a  forty-acre  lot 
may  be  legally  sub-divided.  In  this  case  it  is  better  to  employ  a  surveyor  to  locate 
the  ground  and  to  write  the  description.  Twenty  acres  may  be  claimed  for  each 
locator,  provided  that  the  claim  does  not  exceed  one  hundred  and  sixty  acres. 

If  on  land  that  is  not  sub-divided,  the  claim  is  usually  taken  with  its  length  along 
a  gulch  and  winding  with  the  gulch,  the  width  being  measured  at  a  right  angle  to 
the  center-line.  The  claim  may  be  then  staked  out  by  the  prospector,  who  proceeds 
about  as  in  the  case  of  a  lode-claim,  but  is  usually  required  only  to  place  a  stake  or 
monument  at  each  angle  of  the  claim,  in  addition  to  the  stake  bearing  his  location 
notice.  A  location  certificate  similar  to  that  for  a  lode-claim  is  then  made  out  and 
filed  with  the  proper  recorder  as  required  by  law.  If  the  claim  is  on  land  that  has 
been  sub-divided  by  the  public  survey,  the  description  is  written  precisely  as  for  an 
entry  of  agricultural  land,  as,  for  instance,  the  South  ]/2  of  the  S.  W.  %  of  the  N.  W. 

%  of  section ,  township, ,  range  ,  and  this  is  all  that  is  required.  But 

if  on  land  not  yet  sub-divided,  it  is  best  to  describe  the  claim  by  running  around  its 
boundaries,  giving  the  number  of  acres  claimed  ;  or  it  may  be  described  iust  as  in  the 
case  of  a  lode- claim,  according  to  circumstances. 


DETERMINATION  OF  MINERALS. 
NORTH 


NORTH  COR. 

STAKE  /^ — 15o>          END  STAKI 


SIDE  LINE  STAKE 


WEST 


WEST  COR.   STAKE 


EAST 

SIDE  LINE  STAKE 


SOUTH  COR.  STAKE 


SOUTH 


PROSPECTOR'S  OUTFIT. 


No  fine  clothes,  not  even  a  white  shirt,  should  be  brought  to  the  mountains.  The 
prospector  should  have  two  ponies  or  two  jacks,  a  pole  pick,  shovel,  compass,  frying-pan, 
tin  plate,  knife,  fork,  spoon,  four  double  blankets,  oil  cloth,  gum  overcoat  and  leggings, 
and  a  small  tent. 

PROF.  CLAYTON'S  ADVICE. 

1.  Examine  the  gravel  and  boulders  of  the  mountain  streams,  and  note  carefully  the 
structure  and  character  of  the  gravel  wash.     This  will  reveal  the  geological  formations 
that  are  intersected  by  the  stream.     Try  the  sands  at  the  head  of  the  gravel  bars  for 
free  gold,  or  for  any  crystalized  minerals.     If  the  structure  of  the  quartz  boulders  or 
other  vein  stones  is  favorable,  go  up  the  stream  until  the  geological  zone  is  found  that 
has  produced  the  quartz  or  other  metal  bearing  minerals.     Then  follow  the  supposed 
metal-bearing  zone  on  its  line  of  strike,  and  make  especially  careful  examinations  wher- 
ever eruptive  dykes  are  found  intersecting  the  formation. 

2.  When  a  lode  or  vein  is  found,  note  carefully  its  relation  to  the  country  rock,  es- 
pecially  any   differences  in  the  opposite  walls  of  the  vein.     Then  follow  it  on  the  line 
of  outcrop,   and  note   carefully  those  points  where  the  best  ores  are  seen,  so  as  to  de- 
termine the  position  of  the  best  ore  chutes  before  making  any  location  on  the  lode. 

3.  The  first  work  should  consist  of  shallow  cuts  across  the  lode  at  intervals  of  50  to 
100  feet,  or  if  the  vein  is  small  and  partially  covered  by  soil  and  debris,  a  trench  along 
the  line  of  outcrop  is  preferable.     If  the  surface  tracing  is  satisfactory,  and  the  true  line 
of  strike  has  been  determined,  then  survey  your  claim  and  stake  off  the  boundaries  ac- 
cording to  the  requirements  of  the  United  States  laws. 

4.  The  work  of  exploring  the  vein  under  ground  is  the  next  thing  in  order.     To  do 
this  intelligently  you  must  select  that  point  on  the  line  of  outcrop  where  the  best  ore 
is  found,   then  sink  a  shaft  on  the  lode  following  the  angle  of  dip,  keeping  both  foot 
wall  and  hanging  wall  exposed  if  possible.     If  the  lode  is  too  wide  for  this  to  be  done, 
then  follow  the  best  ore  streak  of  the  vein  itself,  and  at  every  fifty  feet  in  depth   make 
cross-cuts  to  the  walls  of  the  vein. 

5.  After  100  feet  deep  has  been  reached,  run  levels  each  way  from  the  shaft  on  the 
ine  of  the  vein,  in  order  to  determine  the  extent  or  spread  of  the  ore  chute  or  chimney 

n  the  horizontal  line.  When  the  limit  of  the  ore  body  on  the  horizontal  line  has  been 
ascertained,  then  sink  loo  feet  more,  and  drift  right  and  left  as  before.  If  more  than 
one  chimney  of  ore  is  found  on  the  line  of  the  vein,  a  shaft  should  be  sunk  on  it,  and 
drifts  run  as  above  stated,  being  careful  to  confine  all  the  exploring  work  within  the 
walls  of  the  vein  itself. 

6.  When  enough  has  been  done  to  prove  the  character,  size  and  quality  of  the  vein, 
it  will  then  be  time  to  determine  the  position,  character  and  extent  of  the  "  dead-work" 
necessary  to  work  the  mine  to  the  deep.     These  questions  should  be  settled  by  careful 
surveys  made  in  the  light  of  all  the  local  facts  and  surroundings,  such  as  the  geological 
structure  of  the  country   rock,  the  probable  amount  of  water  to  be  raised,  the  lowest 
point  of  drainage  by  adit  or  level,  and  the  most  convenient  point  for  delivery  of  the 
ores  to  the  surface,  etc. 

The  last  part  of  the  preliminary  exploration  of  any  mine  is  to  determine,  by  actual 
tests,  what  are  the  best  methods  of  reduction,  and  the  extent  and  kind  of  reduction 
works  needed,  etc. 

7.  After  all  these  preliminary  facts  have  been  thoroughly  ascertained  and  clearly  de- 
fined, the  unavoidable  risks  of  mining  will  have  been  fully  met  and  overcome.     All 
subsequent  operations  are  simply  matters  of  skill  and  business  management,  and  the 
capitalizing  of  the  mine  becomes  a  mere  matter  of  business  detail. 

The  requirements  are  as  follows  : 

1.  The  preliminary  exploration  must  have  ore  enough  cut  and  under-run,  or  other- 
wise exposed,  to  give  at  least  two  years'  work  for  reduction  work  of  an  extent  sufficient 
for  the  annual  average  output  of  ore. 

2.  The  reduction  works  must  be  suited  for  the  best  treatment  of  the  ore. 

3.  The  exploration  of  the  mine  must  be  pushed  ahead  of  the  extraction  of  ore,  so  as 
to  expose  at  least  one  ton  of  ore  in  new  ground  for  every  ton  extracted  from   the  pre- 
viously explored  ground. 

4.  Before  erecting  reduction   works,  the  ore  exposed  in  the  mine  should  be  so  thor- 
oughly tested  as  to  guarantee  a  net  profit  sufficient  to  pay  the  whole  cost  of  such  work. 

5.  The  mine  being  well  opened,  and  the  reduction   works  or  plant  established,  the 
general  success  of  the  enterprise  must  depend  upon  the  efficiency  of  the  general  busi- 
ness management. 


INDEX. 


Actinolyte 175 

Adverse  Claims 20 

Advice  to  Prospectors  (Clayton)  .  .  199 

Affidavits 24 

Affidavit  of  Citizenship 52 

Affidavit  of  Five  Hundred  Dollars' 

Improvement 51 

Agate 192 

Agent 22 

Agreement  of  Publisher 50 

Alaska 31 

Alluvium  Silt 175 

Aluminium 173,  174 

Amalgamation 182 

Amber 191 

Amethyst 192 

Amphiboly  te 175 

Amphigenyte 175 

Andesyte 175 

Annual  Assessment 114 

Annual  Expenditure  .  .  .12,  43,  70,  156 

Antimony 173,  189 

Application  for  Patent  .  .  .  .  7,  47,  107 
Application  for  Patent  for  Placer 

Claims 17,  115 

Argentite 183 

Argillyte 174 

Argillyte,  Mica 175 

Arizona,  Laws  of 61 

Arsenic 173 

Arsenical  Cobalt 189 

Attorney,  Power  of 52,  56 


Augite-Andesyte 
Az 


184 


Barite i8l 

Barium 173 

'92 


PAGE 

California,  Laws  of 72 

Carbon 173,  174 

Carbonates 174 

Carbonate  of  Iron 186 

Carbonate  of  Lead 185 

Carbonate  of  Zinc 187 

Carnelian 
Cassiterite 
Cement  Paint 


Cerargyrite 

Certificate  that  no  buit  is  Pending  . 


192 
189 
194 
'83 
52 
»*5 
.  184 


Ce 
Chalcocile  . 

Chalcopyrite 184 

Chalk 175 

Characteristic  Properties  of  Minerals  .  176 

Charges  for  Surveys 23 

Chemical  Elements 173 

Chert 175 

Chlorine 


Chlorite-Argillyte  . 

Chlorite-Schist  .. 

Chrysoberyl 

Chrysolite  ..*.. 

Chrysoprase 

Cinnabar 

Citizenship 


...  174 
...  175 

•  •  •  '75 
.  .  .191 
...  175 
...  192 
.  .  .  188 
...  52 
...  52 
...  175 
...  32 

•  .  •  173 

Cobalt  Glance 189 

Cobalt  Pyrites  .    .        189 

Colorado,  Laws  of 82 

Color  of  Flame 180 

Conglomerate 174 

Contact  Veins   .  .    .  108 


Citizenship    Affidavit  of 
Clay   ........ 

Coal  Lands   ..... 

Cobalt    . 


Beryl 

Bismuth 173    Copper 179, 

Black  Iron  Paint 194    Copper  Nickel 

Blow- Pipe 178  j  Corsyte 175 

Bornite 184  !  Cross  Lodes 7 

Boron 173    Crystallization 176 

Boundaries  of  Claim    .    .    .125,  136,200    Cuprite 184 

Brown  Oxide 186    Dana's  Geographical  Table     ....  195 

Buhrstone 175  i  Deed    Form  of 57 

Calamine 187  j  Deputy  Surveyors 23 

Calcite 181  j  Description  of  Minerals 180 

Calcium 1/4    Diamond 190 

(20$) 


206 


INDEX. 


Dioryte 175 

District  Rules 4 

Ditroyte. 175 

Doleryte 175 

Drainage  of  Mines 89 

Easements 30 

Eclogyte 175 


Elements,  Chemical  ........  173 

Emerald    ............  192 

Epidosyte  ............  175 

Erubiscite  ............  184 

Escrow  Agreement  ........     59 


Eulysyte 
Euphotide 


Exception  of  States  ........     30 


174 
181 


PACK 

Hyacinth 193 

Hydrogen 174 

Hydromica  Schist 175 

Hypersthenyte .    .  175 

Idaho,  Laws  of 97 


Improvements,  Affidavit  of  . 

Indium  .............  187 

Iron    ..............  185 

Iron  Ore  Rock  .........    .176 

Iron  Paint  ............  187 

Isenite    .............  175 

176 
175 


Failure  to  Contribute,  Afiiuavu  of 

Fauhs  in  Veins 

Fees 

Fees  and  Charges,  Statement  of  . 

Felsyte 

Fioryte 

Fissure  Veins 

Fluorine 

Fluorite 

Fool's  Gold 186 

Forms  for  Location,  etc.  .    .  .    .    45 

Foyayte  ....  175 

Fracture 176 

Franklinite 176 

Freibergite 183 

Fusibility  ... 17^ 

Galena  '. 185 

Galenite 183 

Gangues )8o    Limonite 

Garnet 193  |  Loadstone  . 

Garnetvte i?5 


Itabyryte 

Itacolumyt 

Jasper  Rock  ...........  175 

Jet  ...............  191 

Kersantyte     ...........  175 


Kinzigyte  ............  175 

Labor,  Proof  of  ..........     45 

Labradoryte  . 


Land  Districts,  Additional  . 
Lapis  Lazuli 


Gases i?3 

Gems.    .    .  190 

Geological  Formations,  Table  of   .    .  196 
Gneiss 175 


Gold 


181 


"75 
43 
'93 

Lead 185 

Lease,  Form  of 59 

Legal  Subdivisions 15 

Leucityte 175 

License  to  Explore,  Occupy  and  Pur- 
chase   ,....       I 

Lien,  Miners' 46 

Lien  in  Dakota 136 

Lien  in  Idaho 97 

Lien  in  Wyoming 152 

Limburgyte 175 

Lime 180 

Limestone 175 

.  186 
.  185 
Location  of  Vein  Claim 4 


Location  and  Extent  of  Mining  Claims.  123 

Lode  Claims 1,2 

Luster 176 

Magnesium 174 

Magnetic  Pyrites 


Granite 175    Magnetite 185 

Granulyte 175  !  Magnetyte 176 

Graphite  Paint 194    Malachite 184,  193 

Gray  Copper  Ore 183  j  Manganese 179,  190 

Gravel 175  j  Map  of  Location 202 


Gray  Oxide 186 


Marble 175 


Green  Copper  Paint 194    Marl 175 

Green  Sand 175    Massive  Limestone 175 

Greisen •  ...  175    Melaconite 184 

Grit 174    Menaccanyte 176 

Hardness 176  j  Mercury 188 

Hearings 24,  44    Metals  and  Metalloids 173 

Hematyte 176    Miascyte 175 

Hessite 183    Mica  Argillyte 175 

Homestead  Claims 30  •  Mica-Schist 175 

Hornblende  Schist 175    Mill  Sites 26 

Horn  Silver 183  j  Mineral  Denned 174 

Hunt's  Geological  Table 196  I  Mineral  Deposits 198 


INDEX. 


207 


PAGE 

Minette 175 

Montana,  Laws  of  . 103 

Nagyagite 182 

Nephelinyte 175 

Nevada,  Laws  of 108 

New  Mexico,  Laws  of 120 

Nickel 188 

Nickel  Glance  .  .  . 188 

Nitrogen 174 

Non- Metallic  Elements 173 

Noryte 175 

Notice  for  Newspaper  Publication  .  .  50 

Notice  of  Forfeiture 46 

Notice  of  Location 45 

Notice  of  Water  Right 56 

Obsidian 175 

Ochre 194 

Onyx 192 

Opal 192 

Ophiolyte 175 

Ore  chute 198 

Oregon,  Laws  of 127 

Osmium 187 

Oxide  of  Cobalt 189 

Oxide  of  Zinc 187 

Oxygen 173 

Paints 193 

Palladium 187 

Panning 182 

Paragonite  Schist 175 

Patent,  Application  for 47 

Patents  Issued  Prior  to  May  10,  1872.  3 

Pearlstone 175 

Perjury,  Penalty  Therefor 42 

Petzite 182 

Phonolyte 175 

Phosphates l8o 

Phosphorus 174,  180 

Picryte 175 

Placer  Claim,  Proof  as  to  Vein  in  .  .  53 

Placer  Claims 14,  156 

Placer  Claims  Containing  Lodes  .  .  16 

Placer  Locations 17 

Placer  Mining  Claims  in  Colorado  .  .  86 
Plat  and  Notice  Remained  Posted  on 

Claim,  Proof  that 49 

Platinum 187 

Pockets  of  Ore 198 

Polybasite 183 

Porcelanyte 175 

Posting  Notice  and  Diagram  on  the 

Claim,  Proof  of 48 

Potash .  .  180 

Potassium 174 

Power  of  Attorney 56 

Power  of  Attorney  to  Apply  for  Patent.  52 

Pre-emption  Claims 30 

Proof  of  Ownership  in  Case  of  Loss  of 

Mining  Records 51 

Proof  of  Possessory  Rights 18 


Prospector's  Outfit    . 177 

Protest  and  Adverse  Claim  .....    53 
Protogene 175 


Psilomek 


190 


Publication,  Proof  of 50 

Publication,  Notice  for 50 

Publisher,  Agreement  of 50 

Pumice 175 

Pyrite 186 

Pyrargyrite 183 

Pyrolusite 190 

Pyromorphite 185 

Pyrophyliite 175 

Pyroxenyte 175 

Quartz 181 

Quartzyte 175 

Red  Copper  Paint 194 

Red  Iron  Paint 193 

Red  Lead 194 

Red  Ochre 194 

Red  Oxide 186 

Red  Silver 183 

Registers'    and    Receivers'    Fees    and 

Commissions 23 

Register's  Certificate  of  Posting  Notice.  49 

Reserved  from  Sale I 

Rhodium 187 

Rhodonite loo 

Right  of  Way  for  Water  Ditch  .  .  57.  157 

Rock,  Defined (74 

Rocks,  Kinds  of 174 

Ruby 191 

Ruby  Silver 183 

Salt  and  Saline  Lands 4' 

Sand 1/5 

Sand  Rock 174 

Sandstone 1 74 

Sapphire 19' 

Schist     . 175 

School  Sections .    73 

Serpentine 175-  '93 

Shale 


174 

Sherzolyte '75 

Silicate  of  Copper 184 

Silicate  of  Zinc 187 

Silicious  Slate "75 

Silicon '74 

Silt 175 

Silver 183 

Silver  Amalgam 183 

Silver  Glance 183 

Slate  Paint 194 

Slate,  Silicious »75 

Smithsonite 187 

Sodium 174,  1 80 

South  Dakota 133 

Spar  Paint *94 

Specific  Gravity i?6 

Sphalerite 183 

Spinel  Ruby I91 


208 


INDEX. 


PAGB 

.  175 

Tin                                 .    . 

FAGS 
I7Q      i&Q 

States  Excepted    

...    30 
17S 

Tin  Pyrites    

.  .  .79:  S! 

1  80 

83 

Title  Bond 

eg 

•27 

Topaz 

Suit,  Certificate  as  to  Pending 

.   .   .    S2 

Town  Sites  on  Mineral  Lan 
Trachyte 

is    ...     29 

I#c 

Sulphide  of  Nickel  

.    .   .  188 

Tufa  *'  

.        .        .        .174 

Sulphide  of  Silver    

•    •  183 

TunnH  Claim    

•          56 

Sulphide  of  Zinc  

.    .    .187 

Tunnel  Ri«'his  

.    .    .     11 

.174   180 

.    .        .  192 

Survey,  Application  for    .    .    . 
Survey,  How  Adjusted     .    .    . 
Sutro,  Adolph  ,    . 

...    47 

.      .     .      12 

•    -    .    43 
lye 

Umber   
Unakyte     .    .    .  •  
Utah,  Laws  of  .    .    .    .    .    . 

....  194 
....  175 
...  138 

•        •       •          S^ 

Syenyte  Gneiss  

...  »75 

l82 

Verd  Antique    

....  193 

Taclivlvte 

Wad 

IOO 

142 

Talcose-  Schist 

Water  Ri^ht    Notice  of 

c6 

...     87 

Water  Rights   

.    27,  72,   128 

Tellurides  ... 

...  182 

White  Lead  

.     .      .     .194 

Tellurium  
Ten  Acre  Tracts  .                .    . 

...  179 
.     1  5 

Wyoming,  Laws  of  .    .    .    . 
Yellow  Iron  Paint    .    .    .    . 

....    151 
.     .     .     .193 

Test  for  Ores 

:     i7i 

Yellow  Ochre   

....    IQ4- 

181 

....    187 

Thirty-eighth  Congress    ,    .    . 
Till 

...    43 
lye 

Zinc  White    

....    194 

IQ-l 

Timber  and  Stone 

37 

.  i?c 

Timber  Cutting    

•   •  •    37 

Forftines  Rutoil  Inventors. 

Isaac  M.  Singer,  the  sewing  machine  inventor,  who  started  life  a  poor  boy,  left  $13,- 
000,000  to  his  heirs.  Elias  Howe  passed  his  first  years  in  poverty,  but  had  an  income  in 
later  life  of  half  a  million  dollars  annually  from  royalties  on  his  sewing  machine  patents. 
Charles  Good\ear  accidentally  mixed  sulphur  and  india  rubber  on  a  red-hot  stove.  His 
royalties  on  his  vulcanization  patents  gave  him  a  princely  income.  The  Westinghcuse 
Air-brake  has  produced  $2o,cco,cco  for  its  inventor's  company.  The  McCormick  and 
other  harvester  patents  have  poured  milliona-of  dollars  into  the  pockets  of  their  owners. 
Edison  and  the  other  inventors  in  the  field  of  telegraphy  and  electricity  have  piled  up  enor- 
mous wealth  Alexander  Graham  Bell  started  life  as  an  impecunious  teacher.  His  tele- 
phone invention  has  blessed  the  world  and  made  him  rich.  The  barbed  wire  patents, 
covering  a  simple  idea,  have  earned  tmmense  profits.  Dr.  Higgins  invented  the  sliding 
tnimble  for  umbrellas.  He  took  out  patents  in  England,  France,  Germany  and  elsewhere 
at  small  cost,  and  says  he  has  received  $100,000  in  royalties.  A  Washington  clerk  riding 
in  the  cars  on  his  way  home,  bent  a  piece  of  brass  and  invented  a  paper  fastener.  He  is 
said  to  have  had  an  income  of  $30.000  annually  for  a  considerable  period.  The  inventor 
of  the  puzzle  known  as  "  Pigs  in  Clover"  is  reported  to  have  cleared  more  than  $100,000. 
The  Hoe  Printing  Press  patents  have  been  very  remunerative.  Hundreds  of  patents  could 
be  mentioned  that  have  made  their  owners  wealthy. 


A  booklet,  entitled  "The  Inventor's  Assistant,"  will  be  sent  free  to  any  address  on 
request.  It  tells  the  expense  of  procuring  American  and  Foreign  Patents.  What  may  be 
the  subject  matter  of  a  Patent.  How  to  proceed  to  procure  a  Patent.  Requirements  of  the 
.Patent  Office  as  to  drawings  and  models.  Assignments.  Appeals  in  case  of  rejections. 
Cost  of  copies  of  Patents.  Patents  for  Compounds  and  Medicines.  Trade-marks,  Prints 
and  Labels.  Design  Patents.  Copyrights.  What  a  Patent  is  worth.  How  to  invent 
How  to  sell  patent  articles  and  territorial  patent  rights.  Caveats.  Infringements  The 
importance  of  employing  a  Washington  attorney,  and  gives  suggestions  to  correspondents 
and  much  valuable  information. 


ou. 


.HAVE  YOU  AN  IDEA? 

Do  not  drop  it  because  you  cannot  pay  for  a  patent.     We  may  suggest  a  way  to  help 
.     Fortunes  are  often  made  on  the  simplest  things  and   on   slight  improvements  of 
existing  machines  and  tools.     A  successful  toy  was  patented  in   1891   by  a  six  year  ol(} 
Canadian  boy.     Many  valuable  patents  have  been  issued  to  women. 
Address, 

COPP  &  CO.,  Patent  Attorneys, 

WASHINGTON.  D.  C. 


Interesting  to  Mine  Owners  and 
Attorneys. 

COPP  &  LUCKETT, 

Attorneys  and  Counsellors-at-Law, 

WASHINGTON,  D.  0. 


1 

Special  attention  to  Mineral  Land  Entries  and,  Mining 

Contests  before  the  General  Land  Office  and 

the  Interior  Department. 


FEES      M  O  13  E 


Suspended  entries  investigated. 

Old  cases  and  contests  called  up  and  decisions  procured. 

Patents  obtained  on  all  classes  of  Mineral  Land  Entries. 

Application  papers,  surveys,  and  entry  proofs,  examined 
and  defects  cured. 

Arguments  prepared  in  contests  between  agricultural  and 
mineral  claimants ;  between  placer  and  lode  claimants ;  be- 
tween miners  and  town-lot  owners ;  between  miners  and  rail- 
road, private  grant,  and  other  opposing  claimants. 

Mr.  Copp  was  for  five  years  Examiner  of  Mining  Claims  and  Con- 
tests in  the  General  Land  Office  and  Acting  Chief  of  Division. 

Publisher  of  COPP'S  U.  S.  MINING  DECISIONS,  (1874;)  COPP'S 
HAND-BOOK  OF  MINING  LAW,  (1877,)  (8  editions  ;)  COPP'S  U.  S.  MIN- 
ERAL LANDS,  (1881.)  (second  edition,  1882;)  and  COPP'S  AMERICAN 
MINING  CODE,  (1881  ;)  and  several  other  works  on  Public  Land  Law. 

Proprietor  and  Editor  of  COPP'S  LAND-OWNER,  established  1874. 

Mr.  Luckett  was  £hief  of  Contest  Division  and  Law  Clerk  of  the 
General  Land  Office  during  President  Cleveland's  first  administration. 

YOUR  BUSINESS  IS  SOLICITED. 


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